Appellate Division: Second Judicial Department

M266232

E/sl

ALAN D. SCHEINKMAN, P.J.

BETSY BARROS

ANGELA G. IANNACCI

LINDA CHRISTOPHER, JJ.

2019-02508, 2019-07646 U.S. Bank Trust, N.A., etc., respondent, v Kevin Casey, et al., appellants, et al., defendants. (Index No. 610063/16)

DECISION & ORDER ON MOTION

Motion by the appellants on appeals from an order of the Supreme Court, Suffolk County, dated December 21, 2018, and a judgment of the same court entered May 29, 2019, to stay enforcement of the judgment and to stay the sale of the subject premises, pending hearing and determination of the appeals, and to consolidate the appeals. Separate motion by the respondent to dismiss the appeals or, in the alternative, to direct the appellants to file a replacement record and to extend the time to serve and file a brief.

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

ORDERED that the branch of the appellants' motion which is for a stay is denied; and it is further,

ORDERED that the branch of the appellants' motion which is to consolidate the appeals is denied as unnecessary as the appeals are consolidated; and it is further,

ORDERED that the branch of the respondent's motion which is to direct the appellants to file a replacement record is granted to the extent that on or before October 30, 2019, the appellants shall either (1) remove pages 545 through 559, 568 through 610, 655, and 656 from the copies of the record filed with the Clerk of the Court, file a replacement digital copy of the record which does not contain the stricken material, and serve and file a supplemental record which contains Exhibits 8, 9, and 10 that were annexed to the affirmation of Joseph S. Jacobs dated September 26, 2017, and Exhibits B, D, E, H, and I that were annexed to the affirmation of Stacy Weisblatt dated April 19, 2019, or (2) serve and file a replacement record, in both hard copy format and digital format in accordance with the rules (see 22 NYCRR 1250.9[c][1]),which does not contain the material on pages 545 through 559, 568 through 610, 655, and 656 of the record, and does contain Exhibits 8, 9, and 10 annexed to the affirmation of Joseph S. Jacobs dated September 26, 2017, and Exhibits B, D, E, H, and I annexed to the affirmation of Stacy Weisblatt dated April 19, 2019; and it is further,

ORDERED that the branch of the respondent's motion which is to extend the time to serve and file a brief is granted, the respondent's time to serve and file a brief is extended until December 2, 2019, and the respondent's brief shall be served and filed on or before that date; and it is further,

ORDERED that the respondent's motion is otherwise denied.

SCHEINKMAN, P.J., BARROS, IANNACCI and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court