| Mt. Beacon Properties, LLC v City of Poughkeepsie |
| Motion No: 2023-00522 |
| Slip Opinion No: 2025 NY Slip Op 71902(U) |
| Decided on June 30, 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
M306227
AFA/
ANGELA G. IANNACCI, J.P.
DEBORAH A. DOWLING
BARRY E. WARHIT
LAURENCE L. LOVE, JJ.
|
2023-00522, 2025-01504 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)
| DECISION & ORDER ON MOTION |
Appeals from an order of the Supreme Court, Dutchess County, dated December 23, 2022, and a judgment of the same court dated March 23, 2023. By order to show cause dated January 13, 2025, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal from the order, on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of the judgment and/or on the ground that the order was superseded by the judgment. Application by the appellants, inter alia, to consolidate the appeals.
Now, upon the order to show cause and the papers filed in response thereto, and upon the application and the papers filed in relation thereto, it is
ORDERED that the motion to dismiss the appeal from the order is denied; and it is further,
ORDERED that the application to consolidate the appeals is granted, the appeals are consolidated, the record and briefs filed in connection with the appeal from the order are deemed also to be filed in connection with the appeal from the judgment, and on or before July 30, 2025, the parties shall serve and file, via NYSCEF, replacement briefs which contain Appellate Division Docket No. 2025-01504 in addition to Appellate Division Docket No. 2023-00522 on the covers, and the appellants shall serve and file, via NYSCEF, a replacement record which contains the judgment and the notice of appeal from the judgment and Appellate Division Docket No. 2025-01504 in addition to Appellate Division Docket No. 2023-00522 on the cover; and it is further,
ORDERED that the application is otherwise denied.
IANNACCI, J.P., DOWLING, WARHIT and LOVE, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court