Appellate Division: Second Judicial Department

M210673

U/sl

CHERYL E. CHAMBERS, J.P.

THOMAS A. DICKERSON

SYLVIA O. HINDS-RADIX

FRANCESCA E. CONNOLLY, JJ.

2015-11314, 2016-02732 Paulo Suarez, etc., respondent-appellant, v State of New York, appellant-respondent. (Claim No. 121254)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent to confirm that an automatic stay is in effect staying the trial on the issue of damages in the above-entitled matter, pending hearing and determination of appeals and cross appeals from an order of the Court of Claims, dated July 8, 2015, and an amended order of the same court dated December 22, 2015, respectively, or, in the alternative, to stay the trial on the issue of damages in the above-entitled matter pending hearing and determination of the appeals and cross appeals, to consolidate the appeals, and to enlarge the time to perfect the appeal from the order dated July 8, 2015.

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

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order dated July 8, 2015, is granted, the time to perfect the appeal is enlarged until June 27, 2016, and the joint record or appendix (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the respondent-appellant shall serve and file an answering brief, including the points of argument on the cross appeal, in accordance with the rules of the Court (see 22 NYCRR 670.8[c][3]); and it is further,

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

ORDERED that the motion is otherwise denied.

CHAMBERS, J.P., DICKERSON, HINDS-RADIX and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court