Appellate Division: Second Judicial Department

M272176

E/sl

SHERI S. ROMAN, J.P.

ROBERT J. MILLER

JOSEPH J. MALTESE

BETSY BARROS, JJ.

2019-11235 Patricia Cervera, respondent, v Frank Cervera, appellant. (Index No. 3122/2013)

DECISION & ORDER ON MOTION

2020-02759

Patricia Cervera, respondent,

v Frank Cervera, appellant.

(Index No. 3122/2013)

Appeals from two orders of the Supreme Court, Orange County, dated August 30, 2018, and December 30, 2019, respectively. Motion by the appellant to stay enforcement of so much of the order dated December 30, 2019, as directed him to pay counsel fees, pending hearing and determination of the appeals, to consolidate the appeals, and, in effect, to extend the time to perfect 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 30, 2019, as directed the appellant to pay counsel fees is 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 the branch of the motion which is, in effect, to extend the time to perfect the appeals is granted, the appellant's time to serve and file a record or appendix and brief is extended, and on or before September 30, 2020, the appellant shall serve the record or appendix and brief and upload digital copies of the record or appendix and 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 brief in accordance with any applicable administrative order or other order to be issued by the Court.

ROMAN, J.P., MILLER, MALTESE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court