Appellate Division: Second Judicial Department

M74460

E/sl

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

RUTH C. BALKIN

RANDALL T. ENG, JJ.

2008-02854, 2008-03075, 2008-06443, 2008-07229, 2008-07537, 2008-07538 Berta Y. Cordova, et al., respondents, v Juan Cordova, et al., appellants, et al., defendants. (Appeal Nos. 1, 3, 5, 6) Juan Cordova, appellant, v Berta Y. Cordova, respondent. (Appeal No. 2) Berta Cordova, respondent, v Juan Alfredo Cordova, appellant. (Appeal No. 4) (Index Nos. 25012-04, 19160-07, 22555-07)

DECISION & ORDER ON MOTION

Motion by the appellants on appeals from an order of the Supreme Court, Suffolk County, dated April 24, 2007, two orders of the same court both dated February 21, 2008, and an order of the same court dated May 28, 2008, to stay all proceedings in the above-entitled actions and to stay enforcement of the orders pending hearing and determination of the appeals, and to vacate all restraining notices against their bank accounts. Cross motion by the respondents to consolidate the appeals and for a preference in the calendaring of the appeals.

Upon the papers filed in support of the motion and the cross motion, the papers filed in opposition to the motion, and the papers filed in relation to the cross motion, it is

ORDERED that on the court's own motion the notice of appeal by Deisy Cordova, a/k/a Deysi Cordova from so much of the order dated February 21, 2008, pending under Appellate Division Docket No. 2008-02854, is deemed to be a premature notice of appeal from a money judgment of the same court entered July 15, 2008 (see CPLR 5520[c]); and it is further,

ORDERED that on the court's own motion the notice of appeal by Ana Palma, a/k/a Ana Cordova from so much of the order dated May 28, 2008, pending under Appellate Division Docket No. 2008-06443, is deemed to be a premature notice of appeal from a money judgment of the same court entered June 23, 2008 (see CPLR 5520[c]); and it is further,

ORDERED that the branch of the motion which is to stay enforcement of the orders dated February 21, 2008, and May 28, 2008, pending under Docket Nos. 2008-02854 and 2008-06443, is granted to the extent that enforcement of the money judgment entered July 15, 2008, and enforcement of the money judgment entered June 23, 2008, are stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before September 17, 2008, and that branch of the motion is otherwise denied; and it is further,

ORDERED that in the event the appeals are not perfected on or before September 17, 2008, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the branch of the cross motion which is to consolidate the appeals is granted, and the parties shall serve and file 11 copies of the record on appeal and their briefs; and it is further,

ORDERED that the branch of the cross motion which is for a preference in the calendaring of the appeals is denied.

PRUDENTI, P.J., FLORIO, BALKIN and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court