| Matter of Gast v Faria |
| Motion No: 2020-08091 |
| Slip Opinion No: 2020 NY Slip Op 75636(U) |
| Decided on December 4, 2020 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M274366
E/sl
CHERYL E. CHAMBERS, J.P.
LEONARD B. AUSTIN
HECTOR D. LASALLE
VALERIE BRATHWAITE NELSON, JJ.
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2020-08091, 2020-08113 In the Matter of Jennifer Gast, respondent, v Andre Faria, appellant. (Docket No. F-2188-2020/2020A)
| DECISION & ORDER ON MOTION |
Motion by Andre Faria for leave to appeal to this Court from two orders of the Family Court, Suffolk County, dated August 4, 2020, and October 13, 2020, respectively, to consolidate the appeals, and to stay enforcement of the orders, pending hearing and determination of 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 on the Court's own motion, the notice of appeal from the order dated August 4, 2020, is deemed to be a notice of appeal from the order dated October 13, 2020 (see CPLR 5512[a]), the appeal will be prosecuted under Appellate Division Docket No. 2020-08113 and not under Appellate Division Docket No. 2020-08091, and the issues raised on the appeal from the order dated August 4, 2020, may be brought up for review and considered in connection with the appeal from the order dated October 13, 2020; and it is further,
ORDERED that the branch of the motion which is for leave to appeal is denied as academic with respect to the order dated August 4, 2020, and denied as unnecessary as to the order dated October 13, 2020, as that order is appealable as of right (see CPLR 5701); and it is further,
ORDERED that the branch of the motion which is to consolidate the appeals is denied as academic; and it is further,
ORDERED that the branch of the motion which is to stay enforcement of the orders is granted, and enforcement of the orders is stayed pending hearing and determination of the appeal from the order dated October 13, 2020, on condition that the appeal is perfected on or before January 4, 2021; and it is further,
ORDERED that in the event the appeal from the order dated October 13, 2020, is not perfected on or before January 4, 2021, the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate the stay, on three days notice.
CHAMBERS, J.P., AUSTIN, LASALLE and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court