Appellate Division: Second Judicial Department

M288196

AFA/

CHERYL E. CHAMBERS, J.P.

ROBERT J. MILLER

PAUL WOOTEN

LILLIAN WAN, JJ.

2023-02574, 2023-02576 In the Matter of Michael I. Parietti, appellant, v Rockland County Executive, etc., et al., respondents. (Index No. 35210/2022)

DECISION & ORDER ON MOTION

2023-02578

In the Matter of Michael I. Parietti,

appellant, v Rockland County Executive,

et al., respondents.

(Index No. 35210/2022)

Appeals from two orders of the Supreme Court, Rockland County, dated March 7, 2023, and January 31, 2023, and an order and judgment (one paper) of the same court dated March 10, 2023, respectively. Motion by the appellant to stay the petitioning period for Rockland County legislative elections and to enjoin the respondents from conducting legislative elections, 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 branches of the motion which are to stay the petitioning period for Rockland County legislative elections and to enjoin the respondents from conducting legislative elections, pending hearing and determination of the appeals, are denied; 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]); and it is further,

ORDERED that on or before April 5, 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; and it is further,

ORDERED that on or before April 12, 2023, the respondents shall serve and file the respondents' brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that on or before April 14, 2023, the appellant shall serve and file the reply brief via NYSCEF, if applicable, or if NYSCEF is not mandated, serve the reply brief and upload a digital copy of the reply brief, with proof of service thereof, through the digital portal on this Court's website.

CHAMBERS, J.P., MILLER, WOOTEN and WAN, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court