Appellate Division: Second Judicial Department

M80979

E/sl

PETER B. SKELOS, J.P.

MARK C. DILLON

DANIEL D. ANGIOLILLO

RANDALL T. ENG, JJ.

2008-10634, 2008-11422 Joyce Milowski, respondent, v Raymond Michael, et al., appellants. (Index No. 2299/07)

DECISION & ORDER ON MOTION

Motion by the appellants on appeals from an order of the Supreme Court, Nassau County, dated October 14, 2008, and a judgment of the same court dated November 25, 2008, to stay enforcement of the judgment pending hearing and determination of the appeals, for leave to prosecute the appeals as poor persons, for the assignment of counsel, and to consolidate the appeals.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to stay enforcement of the judgment is denied; and it is further,

ORDERED that the branch of the motion which is for leave to prosecute the appeals on the original papers is granted, and the appeals will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the branches of the motion which are to waive the filing fee, for free transcripts, and for the assignment of counsel are denied; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]).

SKELOS, J.P., DILLON, ANGIOLILLO and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court