Appellate Division: Second Judicial Department

M294146

AFA/

ANGELA G. IANNACCI, J.P.

JOSEPH J. MALTESE

HELEN VOUTSINAS

LOURDES M. VENTURA, JJ.

2019-05307 Michael H. Torkin, respondent, v Heather M. Susac, appellant. (Index No. 70488/2017)

DECISION & ORDER ON MOTION

2019-08661

Michael Torkin, respondent,

v Heather Susac, appellant.

(Index No. 70488/2017)

Appeals from two orders of the Supreme Court, Westchester County, dated April 5, 2019, and June 21, 2019, respectively. Motion by the respondent to dismiss the appeal from the order dated April 5, 2019, as superseded by an amended judgment of the same court dated December 23, 2021. Cross-motion by the appellant, in effect, to deem the issues raised in the appeal from the order dated April 5, 2019, brought up for review on the appeal from the amended judgment. Separate motion by the respondent to dismiss the appeal from the order dated June 21, 2019, on the ground that the right of direct appeal from that order terminated upon entry in the above-entitled actions of the amended judgment. By order to show cause dated May 26, 2023, the parties were directed to show cause before this Court why the appeal from the order dated June 21, 2019, should or should not be dismissed on the ground that the order dated June 21, 2019, has been superseded by an order of the Supreme Court, Westchester County, dated March 28, 2022, and the branch of the respondent's motion which is to dismiss the appeal from that order was held in abeyance in the interim.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motions and the cross-motion and the papers filed in opposition thereto, it is

ORDERED that the order to show cause and the motions and cross-motion are held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof.

IANNACCI, J.P., MALTESE, VOUTSINAS and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court