Appellate Division: Second Judicial Department

M199055

E/sl

MARK C. DILLON, J.P.

ROBERT J. MILLER

JOSEPH J. MALTESE

HECTOR D. LASALLE, JJ.

2014-07757, 2015-07197, 2015-07198 Bankunited, respondent, v Marianne Sottile, appellant, et al., defendants. (Index No. 9857/10)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from two orders of the Supreme Court, Orange County, dated June 16, 2014, and June 11, 2015, respectively, and a judgment of the same court also dated June 11, 2015, to stay enforcement of the judgment pending hearing and determination of the appeals, to consolidate the appeals, and to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record or appellant's appendix on the appeals from the order dated June 11, 2015, and the judgment dated June 11, 2015.

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

ORDERED that the branch of the motion which is to consolidate the appeals from the order dated June 11, 2015, and the judgment is denied as unnecessary as those appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]); and it is further,

ORDERED that on the Court's own motion, the appeal from the order dated June 16, 2014, and the appeals from the order dated June 11, 2015, and the judgment dated June 11, 2015, will be calendared together and will be argued or submitted on the same date; and it is further,

ORDERED that the branch of the motion which is to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record or appellant's appendix is denied with leave to renew by a motion made simultaneously with the perfection of the appeals from the order dated June 11, 2015, and the judgment dated June 11, 2015; and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., MILLER, MALTESE and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court