PRESENT: SMITH, J.P., CENTRA, FAHEY, CARNI, AND LINDLEY, JJ.

DOCKET NO. CA 12-01083
DOCKET NO. CA 12-01084

JODIE A. PENDERS, PLAINTIFF-RESPONDENT, V DAVID W. PENDERS, DEFENDANT-APPELLANT. (APPEAL NO. 1.) JODIE A. PENDERS, PLAINTIFF-RESPONDENT, V DAVID W. PENDERS, DEFENDANT-APPELLANT. (APPEAL NO. 2.)

Appellant having moved for a stay of enforcement of a judgment of the Supreme Court entered in the Office of the Clerk of the County of Monroe on May 1, 2012 (appeal No. 2), and having moved to consolidate appeal No. 2 with an appeal from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on April 12, 2012 (appeal No. 1),

Now, upon reading and filing the affirmation of Maureen A. Pineau, Esq., dated June 10, 2012, the notice of motion with proof of service thereof, and the affirmation of Thomas N. Martin, Esq., dated June 20, 2012, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks a stay is denied, and

It is further ORDERED that the motion insofar as it seeks to consolidate the appeals is granted, and appeal Nos. 1 and 2 are hereby consolidated for the purposes of perfecting and arguing the appeals.

Memorandum: Because appellant can obtain an automatic stay (see CPLR 5519 [a] [2]), a discretionary stay is not available pursuant to CPLR 5519 (c) (see Sullivan v Troser Mgt., Inc., 30 AD3d 1118 [2006]; Kightlinger v Kightlinger, 231 AD2d 969 [1996]).

Entered: July 24, 2012

Frances E. Cafarell, Clerk