Appellate Division: Second Judicial Department

M300262

KS/

FRANCESCA E. CONNOLLY, J.P.

LARA J. GENOVESI

BARRY E. WARHIT

LAURENCE L. LOVE, JJ.

2024-05903 John Lepper, appellant, v Noelle Lepper, respondent. (Index No. 604/2020)

DECISION & ORDER ON MOTION

2024-07606

John Lepper, appellant,

v Noelle Lepper, respondent.

(Index No. 604/2020)

Appeals from an order of the Supreme Court, Suffolk County, dated June 17, 2024, and an amended order of the same court dated July 15, 2024. Motion by the appellant, in effect, for summary reversal of the order. Cross-motion by the respondent to dismiss the appeal from the order on the ground that no appeal lies from an order entered upon the consent of the appealing party (see CPLR 5511). Separate motion by the appellant, inter alia, in effect, to stay enforcement of the amended order, pending hearing and determination of the appeal from the amended order. Separate cross-motion by the respondent to dismiss the appeal from the amended order on the ground that no appeal lies from an order entered upon the consent of the appealing party (see CPLR 5511).

Upon the papers filed in support of the motions and the papers filed in opposition thereto and upon the papers filed in support of the cross-motions and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the appellant's motions and the respondent's cross-motion to dismiss the appeal from the order are denied; and it is further,

ORDERED that the respondent's cross-motion to dismiss the appeal from the amended order is held in abeyance and referred to the panel of Justices hearing the appeal from the amended order for determination upon the argument or submission thereof.

CONNOLLY, J.P., GENOVESI, WARHIT and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court