Appellate Division: Second Judicial Department

M311524

ECQ/

MARK C. DILLON, J.P.

VALERIE BRATHWAITE NELSON

LILLIAN WAN

PHILLIP HOM, JJ.

2025-00542, 2026-01801 Josephine Catalano, respondent, v Carmine D. Catalano, etc., et al., appellants. (Index No. 31101/2023)

DECISION & ORDER ON MOTION

Appeals from a purported order of the Supreme Court, Rockland County, dated November 21, 2024, and a judgment of the same Court dated February 5, 2026. Motion by the appellants, inter alia, to stay enforcement of the purported order, pending hearing and determination of the appeal from the purported order. Separate motion by the appellants, inter alia, to stay enforcement of the purported order, pending hearing and determination of the appeal from the purported order. By order to show cause dated January 14, 2026, 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 purported order in the above-entitled action on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509) and/or that no appeal lies as of right from an order that is not the result of a motion made on notice (see CPLR 5701) and leave to appeal has not been granted. Application by the appellants, in effect, to consolidate the appeals.

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

ORDERED that the motion to dismiss the appeal from the purported order 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 is granted, the appeals are consolidated, the record and briefs filed in connection with the appeal from the purported order are deemed also to be filed in connection with the appeal from the judgment, on or before March 30, 2026, the parties shall file digital replacement copies of the briefs which contain Appellate Division Docket No. 2026-01801 in addition to Appellate Division Docket No. 2025-00542 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. 2026-01801 in addition to Appellate Division Docket No. 2025-00542 on the cover; and it is further,

ORDERED that the motions by the appellants to stay enforcement of the purported order, pending hearing and determination of the appeal from the purported order, are denied.

DILLON, J.P., BRATHWAITE NELSON, WAN and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court