| Ferrante v Ferrante |
| Motion No: 2019-06117 |
| Slip Opinion No: 2019 NY Slip Op 78862(U) |
| Decided on September 5, 2019 |
| 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. |
Appellate Division: Second Judicial Department
M264449
E/sl
RUTH C. BALKIN, J.P.
SHERI S. ROMAN
JEFFREY A. COHEN
JOSEPH J. MALTESE, JJ.
|
2019-06117 Silvana Ferrante, respondent, v Joseph Ferrante, appellant. (Index No. 5820/12)
| DECISION & ORDER ON MOTION |
2019-06121
Silvana Ferrante, respondent,
v Joseph Ferrante, appellant.
(Index No. 5820/12)
Motion by the appellant, inter alia, for leave to appeal to this Court from two orders of the Supreme Court, Suffolk County, dated May 6, 2019, and May 30, 2019, respectively, to consolidate the appeals, and to stay enforcement of the order dated May 30, 2019, pending hearing and determination of the appeals.
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 for leave to appeal from the orders is denied as unnecessary as the orders are appealable as of right; 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 branch of the motion which is to stay enforcement of the order dated May 30, 2019, is granted, and enforcement of the order dated May 30, 2019, is stayed pending hearing and determination of the appeals from the orders on condition that the appeals from the orders are perfected on or before October 2, 2019, and on condition that the appellant maintain the sum of $50,000 with his attorney in his attorney's escrow account, as set forth in the order to show cause of this Court dated May 31, 2019; and it is further,
ORDERED that in the event that the appellant fails to perfect the appeals on or before October 2, 2019, or maintain the sum of $50,000 with his attorney in his attorney's escrow account, as set forth in the order to show cause of this Court dated May 31, 2019, the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate the stay, on three days notice; and it is further,
ORDERED that the motion is otherwise denied.
BALKIN, J.P., ROMAN, COHEN and MALTESE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court