Appellate Division: Second Judicial Department

M154688

E/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

THOMAS A. DICKERSON

JEFFREY A. COHEN, JJ.

2012-03984, 2012-11573, 2013-01103, 2013-01444, 2013-01820, 2013-02094 Rebecca Chusid, respondent, v Daniel Silvera, appellant. (Action No. 1) Daniel Silvera, appellant, v Rebecca Chusid, respondent. (Action No. 2) (Index Nos. 200102/11, 302432/11)

DECISION & ORDER ON MOTION

Motion by the appellant to consolidate appeals from six orders of the Supreme Court, Nassau County, dated April 3, 2012, October 24, 2012, December 12, 2012, January 3, 2013, January 17, 2013, and January 29, 2013, in effect, for a preference in the calendaring of the appeals, and for this Court to deem the forensic reports of Dr. Marvin Aronson and Dr. Paul Marcus to be part of the record on the appeal from the order dated January 17, 2013. Separate motion by the appellant to stay enforcement of the order dated December 12, 2012, pending hearing and determination of the appeal from that order. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file briefs in connection with the appeals from the orders dated October 24, 2012, December 12, 2012, and January 3, 2013.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion for a stay is denied; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is denied; and it is further,

ORDERED that on the Court's own motion, the appeals will be heard together and will be argued or submitted on the same date; and it is further,

ORDERED that the branch of the motion which is for this Court to deem the forensic reports of Dr. Marvin Aronson and Dr. Paul Marcus to be part of the record on the appeal from the order dated January 17, 2013, is held in abeyance and referred to the panel of Justices hearing that appeal for determination upon the argument or submission of that appeal; and it is further,

ORDERED that on or before May 7, 2013, the appellant shall file the forensic reports of Dr. Marvin Aronson and Dr. Paul Marcus with the Clerk of the Court under seal and those forensic reports shall remain sealed upon filing; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the application is granted, and the respondent's time to serve and file briefs in connection with the appeals from the orders dated October 24, 2012, December 12, 2012, and January 3, 2013, is enlarged until May 16, 2013, and the respondent's briefs must be served and filed on or before that date.

RIVERA, J.P., BALKIN, DICKERSON and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court