Appellate Division: Second Judicial Department

M133985

E/sl

PETER B. SKELOS, J.P.

RANDALL T. ENG

ARIEL E. BELEN

JEFFREY A. COHEN, JJ.

2012-00602, 2012-00606, 2012-00897 Kenneth Baribault, appellant, v Kendra Sauvola, respondent. (Index No. 26410-03)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of two orders of the Supreme Court, Suffolk County, dated December 6, 2011, and December 21, 2011, respectively, and a decision of the same court dated December 6, 2011 (Appellate Division Docket No. 2012-00602), which was dismissed by decision and order on motion of this Court dated February 9, 2012, 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 for a stay is granted to the extent that enforcement of the order dated December 6, 2011, is stayed pending hearing and determination of the appeals from the orders dated December 6, 2011, and December 21, 2011, on condition that the appeals from those orders are perfected on or before April 30, 2012, and that branch of the motion is otherwise denied; and it is further,

ORDERED that in the event the appeals from the orders dated December 6, 2011, and December 21, 2011, are not perfected on or before April 30, 2012, the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate the stay, on three days notice; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is denied as academic with respect to the appeal from the decision and is denied as unnecessary with respect

to the appeals from the orders as the appeals from the orders may be consolidated as of right (see 22 NYCRR 670.7[c][1]).

SKELOS, J.P., ENG, BELEN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court