Estate of Donald Dilorenzo v Dilorenzo
Motion No: 2016-06256
Slip Opinion No: 2017 NY Slip Op 69867(U)
Decided on April 7, 2017
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M229055

E/sl

JOHN M. LEVENTHAL, J.P.

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE

VALERIE BRATHWAITE NELSON, JJ.

2016-06256, 2016-11731

Estate of Donald Dilorenzo, respondent,

v Deborah Dilorenzo, appellant.

(Index No. 3291/14)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the distribution of the proceeds of the sale of the marital residence, pending hearing and determination of appeals from two orders of the Supreme Court, Kings County, entered March 11, 2017, and September 21, 2016, respectively. Separate motion by the appellant to consolidate the appeals and to enlarge the time to perfect the appeals. Cross motion by the respondent to dismiss the appeal from the order entered March 11, 2017, for failure to timely perfect and to dismiss the appeal from the order entered September 21, 2016, on the ground that no appeal lies from an order denying reargument.

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

ORDERED that the motion to stay the distribution of the proceeds of the sale of the marital residence is denied; 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 branch of the motion which is to enlarge the time to perfect the appeals is granted, and the time to perfect the appeals is enlarged until June 19, 2017; and it is further,

ORDERED that the branch of the cross motion which is to dismiss the appeal from the order entered March 11, 2017, is denied; and it is further,

ORDERED that the branch of the cross motion which is to dismiss the appeal from the order entered September 21, 2016, is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.

LEVENTHAL, J.P., HINDS-RADIX, LASALLE and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court