Narrative Opinion Summary
The motion by the respondent to dismiss the appeals filed by the appellant from the orders dated January 8, 1979, January 18, 1980, February 5, 1980, February 28, 1980, and March 12, 1980, has been granted without costs. The order from February 28, 1980, was granted due to the appellant's default and is therefore not appealable under CPLR 5511. Similarly, the March 12, 1980 order, which denied the appellant's motion for reargument, is also not appealable. The appeals from the orders dated January 8, 1979, January 18, 1980, and February 5, 1980, must be dismissed as they do not survive the final judgment, referencing precedents such as Chase Manhattan Bank, N.A. v Roberts and Gruen v Gruen. Additionally, the appeals were filed over one year ago, and the appellant has not provided a reasonable excuse for this delay, as required by the Rules of Practice. The cross motion by the appellant has been denied without costs. All judges concur in this decision.
Legal Issues Addressed
Appealability of Orders under CPLR 5511subscribe to see similar legal issues
Application: The court determined that certain orders are not appealable due to the appellant's default and the nature of the orders being a denial of reargument.
Reasoning: The order from February 28, 1980, was granted due to the appellant's default and is therefore not appealable under CPLR 5511. Similarly, the March 12, 1980 order, which denied the appellant's motion for reargument, is also not appealable.
Denial of Cross Motion without Costssubscribe to see similar legal issues
Application: The appellant's cross motion was denied by the court without imposing costs.
Reasoning: The cross motion by the appellant has been denied without costs.
Dismissal for Failure to Provide Reasonable Excuse for Delaysubscribe to see similar legal issues
Application: The court dismissed the appeals due to the appellant's failure to provide a reasonable excuse for the delay in filing, in accordance with the Rules of Practice.
Reasoning: Additionally, the appeals were filed over one year ago, and the appellant has not provided a reasonable excuse for this delay, as required by the Rules of Practice.
Survivability of Appeals Post Final Judgmentsubscribe to see similar legal issues
Application: The court dismissed appeals from several orders because they do not survive the entry of a final judgment, citing relevant case law.
Reasoning: The appeals from the orders dated January 8, 1979, January 18, 1980, and February 5, 1980, must be dismissed as they do not survive the final judgment, referencing precedents such as Chase Manhattan Bank, N.A. v Roberts and Gruen v Gruen.