Appellate Division: Second Judicial Department

M218237

E/afa

RUTH C. BALKIN, J.P.

THOMAS A. DICKERSON

JEFFREY A. COHEN

VALERIE BRATHWAITE NELSON, JJ.

2016-02565, 2016-08766 U.S. Bank Trust, N.A., etc., respondent, v Brian Carter, also known as Brian M. Carter, appellant, et al., defendants. (Index No. 58033/13)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all proceedings in the above-entitled action pending hearing and determination of appeals from two orders of the Supreme Court, Westchester County, dated March 2, 2016, and August 5, 2016, respectively, and to consolidate the appeals.

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 stay all proceedings in the above-entitled action is granted, and all proceedings in the above-entitled action are stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before October 17, 2016; and it is further,

ORDERED that in the event the appeals are not perfected on or before October 17, 2016, the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate the stay, on three days notice; 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]).

BALKIN, J.P., DICKERSON, COHEN and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court