| Clark v Clark |
| Motion No: 2010-02634 |
| Slip Opinion No: 2010 NY Slip Op 85796(U) |
| Decided on October 21, 2010 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M109904
E/sl
MARK C. DILLON, J.P.
DANIEL D. ANGIOLILLO
L. PRISCILLA HALL
SHERI S. ROMAN, JJ.
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2010-02634, 2010-08959 Winifred Clark, etc., respondent-appellant, v James Clark, Jr., appellant-respondent. (Action No. 1) Winifred Q. Clark, respondent, v James Clark, Jr., appellant. (Action No. 2) James P. Clark, Jr., appellant-respondent, v Winifred Q. Clark, respondent-appellant, Richard Quinn, respondent. (Action No. 3) (Index Nos. 5514/08, 19481/09, 5941/10)
| DECISION & ORDER ON MOTION |
Motion by James Clark, Jr., on an appeal from an order of the Supreme Court, Nassau County, dated February 23, 2010 (Appellate Division Docket No. 2010-02634), and an appeal and cross appeals from an order of the same court dated August 4, 2010 (Appellate Division Docket No. 2010-08959), to stay enforcement of (1) so much of the order dated August 4, 2010, as directed the appellant to afford the respondent immediate access to the subject business premises and provide her with a key and safe combination, and (2) an order of the same court dated September 1, 2010, pending hearing and determination of the appeals and cross appeals, to consolidate the appeals and cross appeals, and to enlarge the time to perfect the appeal from the order dated February 23, 2010.
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 for a stay is denied; and it is further,
ORDERED that the branch of the motion which is to consolidate the appeals and cross appeals is granted, and the parties shall file 11 copies of the joint record or appendix on appeal and their respective briefs; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order dated February 23, 2010 (Appellate Division Docket No. 2010-02634), is granted, the time of James Clark, Jr., to perfect the appeal is enlarged until December 21, 2010, and the joint record or appendix and the brief of James Clark, Jr., must be served and filed on or before that date.
DILLON, J.P., ANGIOLILLO, HALL and ROMAN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court