Appellate Division: Second Judicial Department

M281842

MB/

ANGELA G. IANNACCI, J.P.

ROBERT J. MILLER

JOSEPH A. ZAYAS

DEBORAH A. DOWLING, JJ.

2021-08417 Marc Agulnick, appellant, v Adrienne Agulnick, respondent, Sunshine and Feinstein, LLP, nonparty respondent. (Index No. 202374/2018)

DECISION & ORDER ON MOTION

2021-09352

Marc Agulnick, appellant,

v Adrienne Agulnick, respondent,

Sunshine and Feinstein, LLP, nonparty respondent.

(Index No. 202374/2018)

2022-00671

Marc Agulnick, appellant,

v Adrienne Agulnick, respondent,

Sunshine and Feinstein, LLP, nonparty respondent.

(Index No. 202374/2018)

2022-00959

Marc Agulnick, appellant,

v Adrienne Agulnick, respondent,

Sunshine and Feinstein, LLP, nonparty respondent.

(Index No. 202374/2018)

Appeals from an order of the Supreme Court, Nassau County, dated October 25, 2021, an amended order of the same court dated December 8, 2021, an interlocutory judgment of the same court entered January 13, 2022, and an order of the same court dated February 8, 2022. Motion by the appellant, inter alia, for leave to appeal to this Court from the orders and the interlocutory judgment, in effect, to stay enforcement of so much of the orders and the interlocutory judgment as direct the plaintiff to pay $168,799.00 to the nonparty respondent Sunshine and Feinstein, LLP, pending hearing and determination of the appeals, and to consolidate 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 for leave to appeal to this Court from the order dated February 8, 2022, is granted; and it is further,

ORDERED that the branch of the motion which is for leave to appeal to this Court from the order dated October 25, 2021, the amended order dated December 8, 2021, and the interlocutory judgment entered January 13, 2022, is denied as unnecessary as those orders and the interlocutory judgment are appealable as of right (see CPLR 5701); and it is further,

ORDERED that the branch of the motion which is, in effect, to stay enforcement of so much of the orders and the interlocutory judgment as direct the plaintiff to pay $168,799.00 to the nonparty respondent Sunshine and Feinstein, LLP, pending hearing and determination of the appeals is granted, and enforcement of so much of the orders and the interlocutory judgment as direct the plaintiff to pay $168,799.00 to the nonparty respondent Sunshine and Feinstein, LLP, is stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before April 11, 2022; and it is further,

ORDERED that in the event the appeals are not perfected on or before April 11, 2022, the Court, on its own motion, may vacate the stay, without further notice, or the respondents may move to vacate the stay, on three days notice; 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]).

IANNACCI, J.P., MILLER, ZAYAS and DOWLING, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court