Appellate Division: Second Judicial Department

M310825

DF/

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

On the Court's own motion, it is

ORDERED the decision and order on motion of this Court dated June 30, 2025, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

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the order terminated upon entry in the above-entitled action of the judgment and/or on the ground that the order was superseded by the judgment.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 this Court's motion is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; 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 January 23, 2026, 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