Appellate Division: Second Judicial Department

M270512

E/jr

MARK C. DILLON, J.P.

LEONARD B. AUSTIN

SHERI S. ROMAN

PAUL WOOTEN, JJ.

2020-00501 In the Matter of Marie M. P. L. A. (Anonymous). Schervier Pavilion, petitioner-appellant. (Index No. 6113/19) 2020-00502 In the Matter of Marie M. P. L. A. (Anonymous). Schervier Pavilion, petitioner-appellant. (Index No. 6113/19)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of stated portions of two orders of the Supreme Court, Orange County, both dated December 23, 2019, pending hearing and determination of appeals from the orders and to consolidate the appeals.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to stay enforcement of so much of the order dated December 23, 2019, under Appellate Division Docket No. 2020-00501, as directed the appellant to pay the reasonable compensation and disbursements of the court evaluator is denied as unnecessary as an automatic stay of that portion of that order is in effect pursuant to CPLR 5519(a)(2); and it is further,

ORDERED that the branch of the motion which is to stay enforcement of so much of the order dated December 23, 2019, under Appellate Division Docket No. 2020-00502, as directed the appellant to pay all costs related to the repatriation of the incapacitated person or any and all legal proceedings relating to the incapacitated person's eligibility under PRUCOL (Permanently Residing Under Color of Law) for deferred action status (or both), including, but not limited to, the cost and expense of legal counsel is stayed pending hearing and determination of the appeals on condition that the appellant serve the record or appendix and the appellant's brief with respect to the appeals and upload digital copies of the record or appendix and the appellant's brief, with proof of service thereof, through the digital portal on this Court's website, on or before June 15, 2020, and file an original and five hard copies of the record or appendix and the appellant's brief in accordance with any applicable administrative order or other order to be issued by the Court; 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]).

DILLON, J.P., AUSTIN, ROMAN and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court