Appellate Division: Second Judicial Department

M270084

E/sl

REINALDO E. RIVERA, J.P.

HECTOR D. LASALLE

BETSY BARROS

ANGELA G. IANNACCI, JJ.

2019-02106, 2019-02107, 2020-00988 ARCPE 1, LLC, respondent, v Dominique M. DeBrosse, et al., appellants, et al., defendants. (Index No. 8024/16)

DECISION & ORDER ON MOTION

Motion by the appellants on appeals from an order and a decision of the Supreme Court, Nassau County, both entered December 12, 2018, and an order and judgment (one paper) of the same court entered November 21, 2019, to stay enforcement of the order and judgment and the sale of the subject premises, pending hearing and determination of the appeals, in effect, to consolidate the appeals from the order and the decision with the appeal from the order and judgment, to deem the record and briefs filed in connection with the appeals from the order and the decision to also be filed in connection with the appeal from the order and judgment, and for a preference in the calendaring of the appeals.

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

ORDERED that the motion is granted; and it is further,

ORDERED that enforcement of the order and judgment and the sale of the subject premises, located at 109 Long Drive, Hempstead, New York, are stayed pending hearing and determination of the appeals; and it is further,

ORDERED that the appeals from the order and the decision are consolidated with the appeal from the order and judgment, the record and briefs filed in connection with the appeals from the order and the decision are deemed also be filed in connection with the appeal from the order and judgment, and on or before April 3, 2020, the appellants shall serve and file a supplemental record containing the order and judgment and the notice of appeal from the order and judgment, and the parties shall correct the covers of record and briefs filed with the Clerk of the Court in connection with the appeals from the order and the decision to add Appellate Division Docket No. 2020-00988 and file a digital replacement record and digital replacement briefs that contain the corrected covers; and it is further,

ORDERED that the appeals will be calendared expeditiously after the supplemental record, the digital replacement record, and the digital replacement briefs have been filed, and the covers corrected, as directed in the prior paragraph.

RIVERA, J.P., LASALLE, BARROS and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court