Supreme Court of the State of New York, Appellate Division : Second Judicial Department

June 8, 2026

2023-05012, 715204/2016, 2024-12917

Colleen D. Duffy, J.P.

Helen Voutsinas

Lillian Wan

Donna-Marie E. Golia, JJ.

[*1]

DECISION & ORDER ON MOTION

Appeals from an order of the Supreme Court, Queens County, dated March 17, 2023, and a judgment of the same court dated September 26, 2024. Motion by the appellant to consolidate the appeal from the judgment with the appeal from the order, and to stay the sale of the subject property, pending hearing and determination 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 to consolidate the appeals is granted, the appeal from the order is consolidated with the appeal from the judgment, 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 July 8, 2026, the parties shall file digital replacement copies of the record and briefs which contain Appellate Division Docket No. 2024-12917 in addition to Appellate Division Docket No. 2023-05012 on the covers via NYSCEF, if applicable, or, if NYSCEF is not mandated, upload digital replacement copies of the record and briefs that contain the corrected covers, with proof of service thereof, through the digital portal on this Court's website, and on or before July 8, 2026, the appellant may serve and file a supplemental brief containing any points of argument in connection with the appeal from the judgment and a supplemental record which contains any papers constituting the record on appeal from the judgment that are not already contained in the record filed in connection with the appeal from the order, via NYSCEF, if applicable, or, if NYSCEF is not mandated, upload a digital copy of the supplemental brief and record, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that on or before August 10, 2026, the respondent may serve and file a supplemental respondent's brief, via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the supplemental respondent's brief and upload a digital copy of the supplemental respondent's brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that on the Court's own motion the appeal from judgment shall be heard on submission, and no oral argument shall be permitted; and it is further,

ORDERED that the branch of the motion which is to stay the sale of the subject property is denied.

DUFFY, J.P., VOUTSINAS, WAN and GOLIA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court