Appellate Division: Second Judicial Department

M303639

AFA/

ANGELA G. IANNACCI, J.P.

WILLIAM G. FORD

DEBORAH A. DOWLING

LAURENCE L. LOVE, JJ.

2020-03099 Troy O'Hanlon, appellant-respondent, v Alister Renwick, respondent-appellant. (Index No. 30409/2016)

DECISION & ORDER ON MOTION

2022-06708

Troy O'Hanlon, respondent,

v Alister Renwick, appellant.

(Index No. 30409/2016)

2022-09448

Troy O'Hanlon, respondent,

v Alister Renwick, appellant.

(Index No. 30409/2016)

Appeal and cross-appeal from an order of the Supreme Court, Rockland County, dated March 10, 2020, and appeals from an order and a judgment of the same court, dated July 14, 2022, and October 7, 2022, respectively. Motion by the respondent-appellant to consolidate the appeals and cross-appeal from the orders or, in the alternative, to calendar the appeals and cross-appeal from the orders together. Application by the appellant to extend the time to perfect the appeal from the order dated July 14, 2022. By order to show cause dated June 21, 2023, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals and cross-appeal on the ground that the right of direct appeal from the orders terminated upon entry in the above-entitled action of the judgment.

Now, upon the order to show cause and the papers filed in response thereto, upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to dismiss the appeals and cross-appeal on the ground that the right of direct appeal from the orders terminated upon entry in the above-entitled action of the judgment is denied; and it is further,

ORDERED that on the Court's own motion, the appeal from the order dated July 14, 2022, is dismissed, without costs or disbursements, on the ground that the order dated July 14, 2022, was superseded by the judgment; and it is further,

ORDERED that the motion by the respondent-appellant to consolidate the appeals and cross-appeal from the orders or, in the alternative, to calendar the appeals and cross-appeal from the orders together and the application to extend the time to perfect the appeal from the order dated July 14, 2022, are denied as academic; and it is further,

ORDERED that on the Court's own motion, the time for the appellant to perfect the appeal from the judgment is extended, and on or before April 16, 2025, the appellant shall serve and file the record or appendix and the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellant's brief and upload digital copies of the record or appendix and the appellant's brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that on the Court's own motion, the appeal and cross-appeal from the order dated March 10, 2020, and the appeal from the judgment will be calendared together and will be argued or submitted on the same date.

IANNACCI, J.P., FORD, DOWLING and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court