Appellate Division, Second Department: February 25, 2019

Appellate Division, Second Department:February 25, 2019

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By Balkin, J.P.; Cohen, Miller and Connolly, JJ.MATTER of LTTR Home Care, LLC, et al., res-ap, v. City of Mount Vernon, appellant-res, Mount Vernon Industrial Development Agency, res — Motion by the respondents-appellants, in effect, to confirm that no automatic stay exists pending hearing and determination of an appeal and a cross appeal from a judgment of the Supreme Court, Westchester County, dated April 9, 2018, or, in the alternative, to vacate the automatic stay.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED that the branch of the motion which is, in effect, to confirm that no automatic stay exists is denied; and it is further,ORDERED that the branch of the motion which is to vacate the automatic stay is denied.BALKIN, J.P., COHEN, MILLER and CONNOLLY, JJ., concur.

By Dillon, J.P.; Austin, Miller and Duffy, JJ.MATTER of Orange County Department of Social Services, etc., res, v. Mark C. Marvin, ap — On the Court’s own motion, it isORDERED that the decision and order on motion of this Court dated January 22, 2019, in the above-entitled matter, under Appellate Division Docket No. 2018-11401, is recalled and vacated, and the following decision and order on motion is substituted therefor:Appeals by Mark C. Marvin from two orders of the Family Court, Orange County, dated August 1, 2018, and August 28, 2018, respectively. By order to show cause dated December 11, 2018, 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 dated August 28, 2018, in the above-entitled proceeding for failure to comply with a dated October 11, 2018, issued pursuant to §670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).Now, upon the order to show cause and the papers filed in response thereto, it isORDERED that the motion to dismiss the appeal is denied.DILLON, J.P., AUSTIN, MILLER and DUFFY, JJ., concur.

Appellate Division, Second Department: February 25, 2019

Appellate Division, Second Department:February 25, 2019

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