Appellate Division: Second Judicial Department

M102501

E/sl

REINALDO E. RIVERA, J.P.

STEVEN W. FISHER

THOMAS A. DICKERSON

RANDALL T. ENG, JJ.

2010-02070, 2010-02240 Gera Greene, respondent, v Karen Goldberg Sager, et al., appellants. (Appeal No. 1) Gera Greene, appellant, v Karen Goldberg Sager, et al., respondents. (Appeal No. 2) (Index No. 42655/07)

DECISION & ORDER ON MOTION

Motion by Karen Goldberg Sager, Marcel Sager, and Goldberg Sager & Associates to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated October 30, 2009 (Appellate Division Docket No. 2010-02070). Cross motion by Gera Greene, inter alia, in effect, to consolidate the appeal from the order dated October 30, 2009, with an appeal from an order of the same court dated November 10, 2009 (Appellate Division Docket No. 2010-02240), and to enlarge the time to serve and file a brief with respect to the appeal from the order dated October 30, 2009.

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

ORDERED that the motion is granted to the extent that the trial in the above-entitled action is stayed pending hearing and determination of the appeals; and it is further,

ORDERED that the branches of the cross motion which are, in effect, to consolidate the appeals and to enlarge the time to serve and file a brief are granted, and on or before June 29, 2010, Gera Greene shall (1) serve and file a supplemental joint record that contains the notice of appeal for the order dated November 10, 2009 (Appellate Division Docket No. 2010-02240), (2) file proof of payment of one-half the cost of the record filed by Karen Goldberg Sager, Marcel Sager, and Goldberg Sager & Associates in connection with the appeal from the order dated October 30, 2009 (Appellate Division Docket No. 2010-02070), less one-half the cost of printing the supplemental joint record noted above and (3) serve and file a brief responding to the brief filed by Karen Goldberg Sager, Marcel Sager, and Goldberg Sager & Associates in connection with the appeal from the order dated October 30, 2009 (Appellate Division Docket No. 2010-02070), and in support of her appeal from the order dated November 10, 2009 (Appellate Division Docket No. 2010-02240); and it is further,

ORDERED that on or before August 3, 2010, Karen Goldberg Sager, Marcel Sager, and Goldberg Sager & Associates shall file a brief, if any, as respondents with respect to the appeal from the order dated November 10, 2009 (Appellate Division Docket No. 2010-02240), and in reply with respect to the appeal from the order dated October 30, 2009 (Appellate Division Docket No. 2010-02070); and it is further,

ORDERED that on or before August 18, 2010, Gera Greene shall file a brief, if any, in reply to the brief filed by Karen Goldberg Sager, Marcel Sager, and Goldberg Sager & Associates with respect to the appeal from the order dated November 10, 2009 (Appellate Division Docket No. 2010-02240); and it is further,

ORDERED that the motion and cross motion are otherwise denied

RIVERA, J.P., FISHER, DICKERSON and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court