Appellate Division: Second Judicial Department

M311393

ECQ/

COLLEEN D. DUFFY, J.P.

PAUL WOOTEN

WILLIAM G. FORD

JANICE A. TAYLOR, JJ.

2022-03111, 2024-02881 Ebrahim Gohari, et al., appellants, v Dan Shavolian, et al., respondents. (Index No. 16274/2011)

DECISION & ORDER ON MOTION

Appeals from an order of the Supreme Court, Nassau County, dated March 25, 2022, and from a judgment of the same court dated September 28, 2023. By order to show cause dated May 6, 2024, 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 (see Matter of Aho, 39 NY2d 241). Application by the appellants to extend the time to perfect the appeal from the judgment. Separate application by the appellants, in effect, to consolidate the appeals.

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

ORDERED that the motion to dismiss the appeal from the order is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the submission thereof; and it is further,

ORDERED that the applications are 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, on or before March 23, 2026, the parties shall file digital replacement copies of the briefs which contain Appellate Division Docket No. 2024-02881 in addition to Appellate Division Docket No. 2022-03111 on the covers via NYSCEF, and the appellant 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. 2024-02881 in addition to Appellate Division Docket No. 2022-03111 on the cover; and it is further,

ORDERED that on the Court's own motion, the appeal from the judgment will be heard on submission, and no oral argument shall be permitted.

DUFFY, J.P., WOOTEN, FORD and TAYLOR, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court