CA 23-00535 AND CA 23-00576
PRESENT SMITH, J.P., PERADOTTO, LINDLEY, CURRAN, AND BANNISTER JJ.

CHRISTOPHER HAMILL, PLAINTIFF-RESPONDENT, V PHYLLIS HAMILL, DEFENDANT-APPELLANT, ET AL., DEFENDANT. (APPEAL NO. 1.) CHRISTOPHER HAMILL, PLAINTIFF-RESPONDENT, V PHYLLIS HAMILL AND TRACEY DIEHL, DEFENDANTS-APPELLANTS. (APPEAL NO. 2.)

Appellant Phyllis Hamill having moved pursuant to CPLR 5519 (c), upon the return of an order to show cause granted by Justice John M. Curran on April 12, 2023, for a stay of the appointment of a guardian ad litem pending the hearing and determination of the appeal taken herein, and appellants having moved to expedite the appeals taken herein from orders of Supreme Court, Erie County, entered March 27, 2023 and November 29, 2022,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that the motion for a stay pursuant to CPLR 5519 (c) is granted, and all proceedings to enforce the order entered March 27, 2023, and the appointment of a guardian ad litem are hereby stayed pending the hearing and determination of the appeals taken herein, and

It is further ORDERED the motion to expedite the appeals is granted, and the appeals shall be added to the Court's day calendar for June 14, 2023, and

It is further ORDERED that respondent's brief must be filed and served in accordance with this Court's rules on or before June 2, 2023.

Entered: May 18, 2023

Ann Dillon Flynn

Clerk of the Court