| Matter of Depetris v Traina |
| Motion No: 2020-04562 |
| Slip Opinion No: 2021 NY Slip Op 66621(U) |
| Decided on May 26, 2021 |
| 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
M277269
E/sl
WILLIAM F. MASTRO, J.P.
LEONARD B. AUSTIN
SYLVIA O. HINDS-RADIX
FRANCESCA E. CONNOLLY, JJ.
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2020-04562, 2021-02048 In the Matter of William B. Depetris, respondent, v Joseph Traina Jr., appellant. (Index No. 17146/2011)
| DECISION & ORDER ON MOTION |
Appeals from an order of the Supreme Court, Suffolk County, dated March 13, 2020 and a judgment of the same court entered August 13, 2020. Motion by the appellant, in effect, to consolidate the appeals, to stay enforcement of the judgment pending hearing and determination of the appeals, and for a preference in the calendaring of the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is, in effect, to consolidate the appeals is granted, the record and briefs filed in connection with the appeal from the order are deemed also to be filed in connection with the appeal from the judgment, on or before June 25, 2020, the parties shall submit corrected covers for the copies of the record and briefs which contain Appellate Division Docket No. 2021-02048 in addition to Appellate Division Docket No. 2020-04562 and upload replacement copies of the record and briefs through the digital portal on this Court's website which contain the corrected covers, and the appellant shall serve a supplemental record containing the judgment and the notice of appeal from the judgment, and upload a digital copy of the supplemental record, with proof of service thereof, through the digital portal on this Court's website, and the appellant 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 stay enforcement of the judgment is granted, and enforcement of the judgment is stayed pending hearing and determination of the appeals; and it is further,
ORDERED that the branch of the motion which is for a preference in the calendaring of the appeals is denied.
MASTRO, J.P., AUSTIN, HINDS-RADIX and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court