| 120 N. Sea Rd. Corp. v Schmidt Bros. Produce Co., Inc., Doing Bus. As Schmidt's Mkt. & Dennis P. Schmidt |
| Motion No: 2023-01004 SC |
| Slip Opinion No: 2024 NY Slip Op 75485(U) |
| Decided on September 27, 2024 |
| Appellate Term, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
of the State of New York for the 9th & 10th Judicial Districts
JERRY GARGUILO, P.J.
GRETCHEN WALSH
ELENA GOLDBERG-VELAZQUEZ, JJ.
DECISION & ORDER ON MOTION
| 120 North Sea Road Corp., Respondent, v Schmidt Bros. Produce Co., Inc., Doing Business as Schmidt's Market and Dennis P. Schmidt, Appellants, et al., Undertenants. |
Motions by appellants on an appeal from what is denominated to be an order of the Justice Court of the Town of Riverhead, Suffolk County, dated July 14, 2023 (appeal No. 2023-1004 S C) and an appeal from a final judgment of the Justice Court of the Village of Southampton, Suffolk County, entered August 24, 2023 (appeal No. 2023-1309 S C), to stay enforcement of the final judgment pending the determination of the appeals. Separate motions by appellants to consolidate the appeals and to enlarge the time to perfect the appeals.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is,
ORDERED, on the court's own motion, that the appeals and motions are consolidated for purposes of disposition of the motions; and it is further,
ORDERED, on the court's own motion, that appeal No. 2023-1004 S C is dismissed (see Matter of Aho, 39 NY2d 241, 248 [1976]); and it is further,
ORDERED that the branches of the respective motions seeking to consolidate the appeals, the branch of the motion seeking to enlarge the time to perfect appeal No. 2023-1004 S C, and the branch of the motion seeking a stay pending the determination of appeal No. 2023-1004 S C are denied as moot; and it is further,
ORDERED that the branch of the motion seeking to enlarge the time to perfect appeal No. 2023-1309 S C is granted on condition that the appeal is perfected on or before December 23, 2024; and it is further,
ORDERED that in the event the appeal is not perfected by December 23, 2024, the court, on its own motion, may dismiss the appeal, or respondent may move, on three days' notice, to dismiss the appeal, and may serve such application upon appellants in person; and it is further,
ORDERED that the branch of the motion seeking to stay enforcement of the final judgment pending the determination of appeal No. 2023-1309 S C is granted.
This is a commercial summary proceeding commenced in the Justice Court of the Village of Southampton. By administrative order dated May 18, 2023 a judge of the Justice Court of the Town of Riverhead was temporarily assigned to serve as a judge of the Justice Court of the Village of Southampton for the sole purpose of hearing, trying and/or disposing of this proceeding. However, an order determining, among other things, a motion for partial for summary judgment is denominated to have been decided in the Justice Court of the Town of Riverhead, and the notice of appeal from that order was filed in the Justice Court of the Town of Riverhead. We need not decide whether that appeal was properly taken since, in any event, the right of direct appeal from the order terminated with the entry (in the Justice Court of the Village of Southampton) of the final judgment (see Matter of Aho, 39 NY2d 241, 248 [1976]). The issues sought to be raised on the appeal from the order may be brought up for review and considered on appeal No. 2023-1309 S C, the appeal from the final judgment (see CPLR 5501 [a] [1]).
ENTER:
Paul Kenny
Chief Clerk