Appellate Division: Second Judicial Department

M288040

AFA/

MARK C. DILLON, J.P.

FRANCESCA E. CONNOLLY

ANGELA G. IANNACCI

LINDA CHRISTOPHER, JJ.

2021-03378 Jeffrey W. Kagan, et al., appellants, v James D. Kropp, et al., respondents. (Index No. 606683/2021)

DECISION & ORDER ON MOTION

2022-07699

Jeffrey W. Kagan, et al., appellants,

v James D. Kropp, et al., respondents.

(Index No. 606683/2021)

Appeals from two orders of the Supreme Court, Suffolk County, dated May 11, 2021, and September 15, 2022. By decision and order on motion dated June 4, 2021, this Court, inter alia, granted a preliminary injunction enjoining the respondents and their agents, guests, invitees, representatives, and contractors, or anyone acting on their behalf from entering or trespassing on the "Adverse Possession Area" as defined by paragraph one of the complaint, or from altering or disturbing the "Adverse Possession Area," including the removing or destroying of trees, shrubbery, fences, enclosures, or structures, or committing waste or damage or otherwise interfering with their use and possession of the "Adverse Possession Area, pending hearing and determination of the appeal from the order dated May 11, 2021. Motion by the appellants to consolidate the appeals and, in effect, to modify the decision and order on motion of this Court dated June 4, 2021, to enjoin the respondents and their agents, guests, invitees, representatives, and contractors, or anyone acting on their behalf from taking the above-described actions, pending hearing and determination of both appeals, and to stay enforcement of the order dated September 15, 2022, 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, in effect, to modify the decision and order on motion of this Court dated June 4, 2021, is granted, and the decision and order on motion of this Court dated June 4, 2021, is modified to the extent that the preliminary injunction granted in this Court's order dated June 4, 2021 is to remain in effect, pending hearing and determination of both appeals, and the motion is otherwise denied; and it is further,

ORDERED that on the Court's own motion, the appeals will be calendared together and will be argued or submitted on the same date.

DILLON, J.P., CONNOLLY, IANNACCI and CHRISTOPHER, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court