Appellate Division: Second Judicial Department

M209281

E/sl

MARK C. DILLON, J.P.

LEONARD B. AUSTIN

ROBERT J. MILLER

HECTOR D. LASALLE, JJ.

2014-09073 Lam King Yee, appellant, v Colette Klisivitch, respondent. (Index No. 61111/13)

DECISION & ORDER ON MOTION

2014-09621

Zivi Grinbaum, appellant,

v Colette Klisivitch, respondent.

(Index No. 60376/13)

2016-00635

Zivi Grinbaum, respondent,

v Colette Klisivitch, appellant.

(Index No. 60376/13)

Motion by Lam King Yee on appeals from three orders of the Supreme Court, Suffolk County, dated July 10, 2014, July 31, 2014, and December 22, 2015, respectively, to stay all proceedings in the above-entitled action under Index No. 61111/13, pending hearing and determination of the appeal from the order dated July 10, 2014, for a preference in the calendaring of that appeal, and to calendar the appeals from the orders dated July 10, 2014, and July 31, 2014, together. Separate motion by Zivi Grinbaum to stay all proceedings in the above-entitled action under Index No. 60376/13, pending hearing and determination of the appeal from the order dated July 31, 2014, for a preference in the calendaring of that appeal, and to calendar the appeals from the orders dated July 10, 2014, and July 31, 2014, together. Separate motion by Colette Klisivitch, in effect, to dismiss the appeal from the order dated July 10, 2014, for failure to properly settle the trial transcript, or to hold the appeal from the order dated July 10, 2014, in abeyance pending perfection of an appeal from an order of the Supreme Court, Suffolk County, dated December 22, 2015, and to calendar the three appeals together. Separate motion by Colette Klisivitch to hold the appeal from the order dated July 31, 2014, in abeyance pending perfection of an appeal from the order dated December 22, 2015, and to calendar the three appeals together. Separate motion by Colette Klisivitch to consolidate the appeals from the orders dated July 31, 2014, and December 22, 2015, or, in the alternative, to calendar those appeals together.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the branches of the motions which are to calendar the appeals from the three orders together are granted, and the appeals will be argued or submitted on the same date; and it is further,

ORDERED that the branch of the motion which is, in effect, to dismiss the appeal from the order dated July 10, 2014, is denied on condition that on or before May 26, 2016, the appellant properly settles the transcript of the trial in an action entitled Lam King Yee v Colette Kligivitch, conducted in the Supreme Court, Suffolk County, under index number 61111/13, in accordance with CPLR 5525 and files a supplemental appendix containing an errata sheet or an affirmation that there are no changes to the transcript with the Clerk of this Court; and it is further,

ORDERED that the branch of the motion which is to hold the appeal from the order dated July 31, 2014, in abeyance pending perfection of the appeal from the order dated December 22, 2015, is denied as academic as the appeal from the order dated December 22, 2015, has been perfected; and it is further,

ORDERED that the motions are otherwise denied.

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

ENTER:

Aprilanne Agostino

Clerk of the Court