Appellate Division: Second Judicial Department

M251287

E/afa

REINALDO E. RIVERA, J.P.

CHERYL E. CHAMBERS

COLLEEN D. DUFFY

ANGELA G. IANNACCI, JJ.

2018-05313 In the Matter of Arline J. (Anonymous). James J. (Anonymous), et al., appellants; Gerilynn F. Falasco, etc., et al., respondents. (Index No. 31983/16)

DECISION & ORDER ON MOTION

2018-05319

In the Matter of Arline J. (Anonymous).

James J. (Anonymous), appellant;

Gerilynn F. Falasco, etc., et al., respondents.

(Index No. 31983/16)

2018-05320

In the Matter of Arline J. (Anonymous).

James J. (Anonymous), appellant;

Gerilynn F. Falasco, etc., et al., respondents.

(Index No. 31983/16)

Motion by the appellant James J., inter alia, to stay the distribution of the proceeds of any sale of any real property formerly owned by the subject family trust, including the premises located at 30 Fox Hollow Lane, Old Westbury, New York, pending hearing and determination of appeals from three orders of the Supreme Court, Nassau County, dated February 26, 2018, March 28, 2018, and March 29, 2018, respectively, to consolidate the appeals, and to seal all papers filed with this Court.

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 the distribution of the proceeds of any sale of any real property formerly owned by the subject family trust is granted to the extent that any proceeds of the sale of any real property formerly owned by the subject family trust shall be held and maintained by the Guardian of Arline J. in the guardianship account, and the Guardian shall not disperse and money from this account except as is necessary to pay for the ordinary guardianship expenses, attorney's fees (subject to an order of the Supreme Court), medical expenses, and customary living expenses, of Arline J., pending hearing and determination of the appeals on condition that the appeals are perfected on or before July 13, 2018; and it is further,

ORDERED that in the event the appeals are not perfected on or before July 13, 2018, the Court, on its own motion, may vacate the stay, without further notice, or the respondents 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]); and it is further,

ORDERED that the branch of the motion which is to seal all papers filed with this Court is granted and all papers filed with this Court shall be filed with the Clerk of this Court, under seal, for in camera review by the panel of Justices assigned to the appeals, and shall remain sealed upon filing, and the motion papers filed with this Court are sealed; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., CHAMBERS, DUFFY and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court