| Mt. Beacon Properties, LLC v City of Poughkeepsie |
| Motion No: 2023-00522 |
| Slip Opinion No: 2025 NY Slip Op 60560(U) |
| Decided on January 13, 2025 |
| Appellate Division, 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. |
Appellate Division: Second Judicial Department
M302123
AFA/
BETSY BARROS, J.P.
ROBERT J. MILLER
DEBORAH A. DOWLING
LOURDES M. VENTURA, JJ.
|
2023-00522 Mt. Beacon Properties, LLC, respondent, v City of Poughkeepsie, et al., appellants. (Action No. 1) Lent 51, LLC, plaintiff, v Mt. Beacon Properties, LLC, et al., defendants (and third-party actions). (Action No. 2) (Index Nos. 50604/2022, 51337/2021)
| ORDER TO SHOW CAUSE |
2023-11278
Mt. Beacon Properties, LLC, respondent,
v City of Poughkeepsie, appellant, et al., defendants.
(Action No. 1)
Lent 51, LLC, plaintiff, v Mt. Beacon
Properties, LLC, et al., defendants
(and third-party actions).
(Action No. 2)
(Index Nos. 50604/2022, 51337/2021)
Appeals from two orders of the Supreme Court, Dutchess County, dated December 23, 2022, and October 30, 2023, respectively. Motion by the appellants, inter alia, to stay all discovery in Action No. 1, pending hearing and determination of the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the Court's own motion, the parties to the appeals are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal from the order dated December 23, 2022, on the ground that the right of direct appeal from that order terminated upon entry in the above-entitled action of a judgment of the same court dated March 23, 2023 (see Matter of Aho, 39 NY2d 241), and/or on the ground that the order is superseded by the judgment, by uploading a digital copy of an affirmation or an affidavit on that issue, via NYSCEF, on or before February 13, 2025; if the appellants be so advised, the appellants may make a motion, via NYSCEF, on or before February 13, 2025, for any relief deemed appropriate; and it is further,
ORDERED that the Clerk of the Court, or his designee, shall serve a copy of this order to show cause upon the parties to the appeals by uploading a copy of this order to show cause to the NYSCEF system.
BARROS, J.P., MILLER, DOWLING and VENTURA, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court