Appellate Division: Second Judicial Department

M260250

E/sl

ALAN D. SCHEINKMAN, P.J.

RUTH C. BALKIN

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX, JJ.

2018-14738 Donna Marino, respondent-appellant, v Frank Marino, appellant-respondent. (Index No. 202775/13)

DECISION & ORDER ON MOTION

2018-14881, 2018-14882

Donna Marino, respondent,

v Frank Marino, appellant.

(Index No. 202775/13)

Motion by Frank Marino to stay enforcement of stated portions of a judgment of the Supreme Court, Nassau County, entered November 5, 2018, pending hearing and determination of an appeal and a cross appeal from the judgment and appeals from two orders of the same court entered October 30, 2018, and October 31, 2018, respectively, to consolidate the appeal and cross appeal from the judgment with the appeals from the orders, and for a preference in the calendaring of the appeals and cross appeal.

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 consolidate the appeal and cross appeal from the judgment with the appeals from the orders is denied as unnecessary as the the appeal and cross appeal from the judgment may be consolidated as of right with the appeals from the orders (see 22 NYCRR 1250.9[f][3]); and it is further,

 ORDERED that the motion is otherwise denied.

SCHEINKMAN, P.J., BALKIN, MILLER and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court