Appellate Division: Second Judicial Department

M270795

kbp/

SHERI S. ROMAN, J.P.

JEFFREY A. COHEN

JOSEPH J. MALTESE

LINDA CHRISTOPHER, JJ.

2019-09908 David Tedesco, et al., respondents, v Andrew Elio, appellant. (Index No. 500718/17)

DECISION & ORDER ON MOTION

2020-00522

David Tedesco, et al., respondents,

v Andrew Elio, appellant.

(Index No. 500718/17)

Motion by the appellant to stay enforcement of an order and judgment (one paper) of the Supreme Court, Putnam County, dated August 14, 2019, and to stay enforcement of an order of the same court dated December 16, 2019, pending hearing and determination of appeals from the order and judgment and the order, and to consolidate the appeals.

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

ORDERED that the branches of the motion which are to stay enforcement of the order and judgment and to stay enforcement of the order are denied; 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 on the Court's own motion, the appellant's time to perfect the appeal from the order and judgment is extended, and on or before July 15, 2020, the appellant shall serve the record or appendix and the appellant's brief 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, 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.

ROMAN, J.P., COHEN, MALTESE and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court