Appellate Division: Second Judicial Department

M221237

E/sl

CHERYL E. CHAMBERS, J.P.

L. PRISCILLA HALL

LEONARD B. AUSTIN

HECTOR D. LASALLE, JJ.

2016-02329, 2016-07969 K. A. K. (Anonymous), respondent, v G. B. K. (Anonymous), appellant. (Index No. 4893/11)

DECISION & ORDER ON MOTION

Motion by G. B. K. for leave to appeal to this Court from a judgment of the Supreme Court, Westchester County, entered August 5, 2016, to consolidate that appeal with an appeal from a decision and order (one paper) of the same court dated February 29, 2016, to stay enforcement of stated portions of the judgment pending hearing and determination of the consolidated appeals, and to amend a decision and order on motion of this Court dated June 9, 2016, which granted a stay on condition that the appeal from the decision and order be perfected by a date certain. Cross motion by K. A. K., inter alia, to vacate so much of the decision and order on motion of this Court dated June 9, 2016, as stayed execution of the provision of the decision and order dated February 29, 2016, as directed vacatur of a stay that was in effect pursuant to CPLR 5519(a)(2). Separate motion by K. A. K., in effect, to dismiss the appeal from the decision and order dated February 29, 2016, on the ground that the appendix is inadequate or, in the alternative, to direct G. B. K. to serve and file a supplemental appendix and to enlarge the time of K. A. K. to serve and file a brief in connection with the appeal from the decision and order dated February 29, 2016.

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

ORDERED that the branch of the motion by G. B. K. which is for leave to appeal to this Court from the judgment is denied as unnecessary (see CPLR 5701); and it is further,

ORDERED that the branch of the motion by G. B. K. which is to amend the decision and order on motion of this Court dated June 9, 2016, is denied as academic as G. B. K. perfected the appeal from the decision and order dated February 29, 2016, in accordance with the decision and order on motion of this Court dated June 9, 2016; and it is further,

ORDERED that the motion by G. B. K. is otherwise denied; and it is further,

ORDERED that on the Court's own motion, the appeals will be calendared together and will be argued or submitted on the same date; and it is further,

ORDERED that the cross motion is denied; and it is further,

ORDERED that the branch of the motion by K. A. K. which is to direct G. B. K. to serve and file a supplemental appendix is granted to the extent that on or before December 15, 2016, G. B. K. shall serve and file a supplemental appendix containing the papers filed in connection with K. A. K.'s order to show cause for interim counsel fees dated November 20, 2015, and G. B. K.'s cross motion dated December 21, 2015; and it is further,

ORDERED that the branch of the motion by K. A. K. which is to enlarge the time to serve and file a brief in connection with the appeal from the decision and order dated February 29, 2016, is granted, the time of K. A. K. to serve and file a brief in connection with the appeal from the decision and order dated February 29, 2016, is enlarged until January 20, 2017, and the brief must be served and filed on or before that date; and it is further,

ORDERED that the motion by K. A. K. is otherwise denied.

CHAMBERS, J.P., HALL, AUSTIN and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court