Appellate Division: Second Judicial Department

M287657

AFA/

VALERIE BRATHWAITE NELSON, J.P.

JOSEPH J. MALTESE

WILLIAM G. FORD

JANICE A. TAYLOR, JJ.

2022-00990, 2022-04183 Mahnaz Rabizadeh, etc., respondent, v Albert Rabizadeh, etc., appellant. (Index No. 603666/2021)

DECISION & ORDER ON MOTION

2022-07457

Mahnaz Rabizadeh, etc., respondent,

v Albert Rabizadeh, etc., appellant.

(Index No. 603666/2021)

Appeals from three orders of the Supreme Court, Nassau County, dated February 3, 2022, April 21, 2022, and August 31, 2022, respectively. Motion by the appellant to stay all proceedings in the above-entitled action or, in the alternative, to stay enforcement of the order dated April 21, 2022, pending hearing and determination of the appeals, and for a preference in the calendaring of the appeals. Separate motion by the appellant to stay all proceedings in the above-entitled action or, in the alternative, to stay enforcement of the order dated August 31, 2022, pending hearing and determination of the appeals, for a preference in the calendaring of the appeals, and to consolidate the appeals from the orders dated February 3, 2022, and April 21, 2022, with the appeal from the order dated August 31, 2022 or, in the alternative, for an order directing that the appeals be calendared and heard together.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the branches of the motions which are to stay all proceedings in the above-entitled action or, in the alternative, to stay enforcement of the orders dated April 21, 2022, and August 31, 2022, pending hearing and determination of the appeals, and the branches of the motions which are for a preference in the calendaring of the appeals are denied; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals from the orders dated February 3, 2022, and April 21, 2022, with the appeal from the order dated August 31, 2022, or, in the alternative, for an order directing that the appeals be calendared and heard together is granted to the extent that the appeals will be calendared together and will be argued or submitted on the same date; and it is further,

ORDERED that on the Court's own motion, the time for the appellant to perfect the appeal from the order dated August 31, 2022 is extended and, on or before May 2, 2023, the appellant shall serve and file the record or appendix and the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellant's brief and upload digital copies of the record or appendix and the appellant's brief, with proof of service thereof, through the digital portal on this Court's website.

BRATHWAITE NELSON, J.P., MALTESE, FORD and TAYLOR, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court