PRESENT: WHALEN, P.J., CENTRA, PERADOTTO, CARNI, AND DEJOSEPH, JJ.

DOCKET NO. CA 16-00417
DOCKET NO. CA 16-00418

THOMAS J. QUINN, PLAINTIFF-RESPONDENT, V KATHLEEN B. OOT-QUINN, DEFENDANT-APPELLANT. (APPEAL NO. 1.) THOMAS J. QUINN, PLAINTIFF-RESPONDENT, V KATHLEEN B. OOT-QUINN, DEFENDANT-APPELLANT. (APPEAL NO. 2.)

Appellant having moved, upon the return of an order to show cause granted by the Honorable Brian F. DeJoseph on March 15, 2016, for a stay of enforcement of the orders of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on March 1, 2016 (appeal No. 1), and March 4, 2016 (appeal No. 2), to consolidate the appeals taken from said orders, and to stay any discovery by and between the parties, pending the hearing and determination of the appeals taken herein, and respondent having cross-moved for an order granting appeals from the orders appealed, to limit any stay granted, and for other relief,

Now, upon reading and filing the affirmations of Jon W. Brenizer, Esq., dated March 11, 2016, and April 7, 2016, the affidavits of Edward B. Alderman, Esq., sworn to March 24, 2016, and April 7, 2016, said show cause order with proof of service thereof, and the notice of cross motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that appellant's motion insofar as it seeks a stay is denied, and

It is further ORDERED that the temporary stay contained in the show cause order bringing the motion on before the full Court is vacated, and

It is further ORDERED that appellant's motion insofar as it seeks to consolidate the appeals is granted, and the appeals from the orders entered March 1, 2016, and March 4, 2016,

are hereby consolidated for the purposes of perfecting and arguing the appeals, and

It is further ORDERED that respondent's cross motion insofar as it seeks a determination as to the appealability of the orders appealed is denied, without prejudice to the parties arguing the issue of appealability in their briefs, and

It is further ORDERED that respondent's cross motion is otherwise dismissed.

Entered: April 11, 2016

Frances E. Cafarell, Clerk