Appellate Division: Second Judicial Department

M298860

AFA/

FRANCESCA E. CONNOLLY, J.P.

ROBERT J. MILLER

WILLIAM G. FORD

LILLIAN WAN, JJ.

2021-06846, 2021-06847 In the Matter of Lazer Leibowitz, petitioner-respondent, v Toras Emachu, etc., respondent-appellant, et al., respondents. (Index No. 31973/2021)

DECISION & ORDER ON MOTION

Appeals from an order of the Supreme Court, Rockland County, dated August 26, 2021, and a judgment of the same court dated August 27, 2021. Motion by the petitioner-respondent, in effect, to dismiss the appeals on the ground that the appellant consented to the entry of the order and judgment appealed from, and to direct that certain funds be kept in a certain account pending satisfaction of the judgment. By decision and order on motion of this Court dated December 10, 2021, the branch of the motion which is to dismiss the appeals was held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof and the motion was otherwise denied. The appellant has not perfected the appeals, and the appeals have been deemed dismissed pursuant to 22 NYCRR 1250.10(a).

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to dismiss the appeals is denied as academic.

CONNOLLY, J.P., MILLER, FORD and WAN, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court