Appellate Division: Second Judicial Department

M260211

E/mm

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

SYLVIA O. HINDS-RADIX

COLLEEN D. DUFFY, JJ.

2019-00764 Marc Agulnick, appellant, v Adrienne Agulnick, respondent. (Index No. 202374/18)

DECISION & ORDER ON MOTION

2019-00765

Marc Agulnick, appellant,

v Adrienne Agulnick, respondent.

(Index No. 202374/18)

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated February 8, 2019, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the appellant to stay enforcement of two orders of the Supreme Court, Nassau County, one dated December 13, 2018, and one entered January 15, 2019, respectively, and to direct that the respondent continue to comply with a temporary order of protection of the same court dated November 8, 2018, and a temporary order of parenting time of the same court also dated November 8, 2018, pending hearing and determination of appeals from the orders dated December 13, 2018, and entered January 15, 2019, to consolidate the appeals from the orders dated December 13, 2018, and entered January 15, 2019, for a preference in the calendaring of those appeals, and to recuse the Justice presiding in the Supreme Court, Kings County.

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

ORDERED that the branch of the motion which is to stay enforcement of the orders dated December 13, 2018, and entered January 15, 2019, respectively, and to direct that the respondent continue to comply with a temporary order of protection of the same court dated November 8, 2018, and a temporary order of parenting time of the same court also dated November 8, 2018, is granted, and enforcement of the orders dated December 13, 2018, and entered January 15, 2019, is stayed and the respondent shall continue to comply with the temporary order of protection dated November 8, 2018, and the temporary order of parenting time also dated November 8, 2018, pending hearing and determination of the appeals from the orders dated December 13, 2018, and entered January 15, 2019; 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 1250.9[f][3]); and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., LEVENTHAL, HINDS-RADIX and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court