Appellate Division: Second Judicial DepartmentM275366

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CHERYL E. CHAMBERS, J.P.

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE

BETSY BARROS, JJ.

2020-01901 In the Matter of Pedro G. T. (Anonymous). Candice A. P. (Anonymous), et al., respondents; Carolyn S. (Anonymous), appellant-respondent; Queens Nassau Rehabilitation and Nursing Center, respondent-appellant. (Index No. 15054/2008)

DECISION & ORDER ON MOTION

2020-06985

In the Matter of Pedro G. T. (Anonymous).

Candice A. P. (Anonymous), et al., respondents;

Carolyn S. (Anonymous), appellant-respondent;

Queens Nassau Rehabilitation and Nursing Center,

respondent-appellant.

(Index No. 15054/2008)

Appeals and cross appeals from two orders of the Supreme Court, Queens County, dated January 16, 2020, and August 21, 2020, respectively. Motion by Carolyn S. to stay enforcement of the order dated August 21, 2020, pending hearing and determination of the appeals and cross appeals. Separate motion by Carolyn S. to consolidate the appeals and cross appeals, and for a preference in the calendaring of the appeals and cross appeals. Separate motion by Candice A. P. pursuant to CPLR 5512(a) to dismiss the appeal from the order dated January 16, 2020, or, in the alternative, to extend the time to serve and file a brief. Application by Candice A. P. and separate application by Hanover Insurance Company pursuant to 22 NYCRR 1250.9(g)(1) to extend the time to serve and file their respective briefs.

Upon the papers filed in support of the motion to stay enforcement of the order dated August 21, 2020, and the papers filed in opposition thereto, upon the papers filed in support of the motion to consolidate the appeals and cross appeals, and for a preference in the calendaring of the appeals and cross appeals, and the papers filed in relation thereto, upon the papers filed in support of the motion to dismiss the appeal from the order dated January 16, 2020, or, in the alternative, to extend the time to serve and file a brief and the papers filed in opposition thereto, and upon the papers filed in support of the applications and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to stay enforcement of the order dated August 21, 2020, is denied; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal from the order dated January 16, 2020, is denied; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is granted, the record and briefs filed in connection with the appeal from the order dated January 16, 2020, are deemed also to be filed in connection with the appeal from the order dated August 21, 2020, on or before March 3, 2021, the parties shall submit corrected covers for the copies of any record or briefs filed with the Clerk of the Court which contain Appellate Division Docket No. 2020-01901 in addition to Appellate Division Docket No. 2020-06985 and upload digital copies of replacement record and briefs which contain the corrected covers, on or before March 3, 2021, Carolyn S. shall serve a supplemental record containing the order dated August 21, 2020, and the notice of appeal from that order, and upload a digital copy of the supplemental record, with proof of service thereof, through the digital portal on this Court's website, and Carolyn S. shall file an original and five hard copies of the supplemental record 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 extend the time of Candice A. P. to serve and file a brief, and the applications by Candice A. P. and Hanover Insurance Company to extend the time to serve and file their respective briefs are granted, and on or before April 5, 2021, Candice A. P. and Hanover Insurance Company shall serve their respective briefs and upload digital copies of their respective briefs, with proof of service thereof, through the digital portal on this Court's website, and Candice A. P. and Hanover Insurance Company shall file an original and five hard copies of their respective briefs 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 for a preference in the calendaring of the appeals and cross appeals is denied.

CHAMBERS, J.P., HINDS-RADIX, LASALLE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court