Brandford v Brandford
Motion No: 2020-09084
Slip Opinion No: 2023 NY Slip Op 74141(U)
Decided on September 27, 2023
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M291264

AFA/

VALERIE BRATHWAITE NELSON, J.P.

DEBORAH A. DOWLING

BARRY E. WARHIT

LAURENCE L. LOVE, JJ.

2020-09084

Sherwin Brandford, appellant,

v Semra Brandford, respondent.

(Index No. 55091/2017)

DECISION & ORDER ON MOTION

2023-01059

Sherwin Brandford, appellant,

v Semra Brandford, respondent.

(Index No. 55091/2017)

2023-03212

Sherwin Brandford, appellant,

v Semra Brandford, respondent.

(Index No. 55091/2017)

Appeals from three orders of the Supreme Court, Kings County, dated October 14, 2020, January 3, 2023, and March 2, 2023, respectively. Motion by the appellant, inter alia, for leave to appeal to this Court from the order dated January 3, 2023, and to stay enforcement of so much of that order as prohibits the parties from making medical or dental appointments during school hours, pending hearing and determination of the appeals. Separate motion by the appellant to consolidate the appeals or, in the alternative, to consolidate the appeals from the orders dated October 14, 2020, and March 2, 2023, and for a preference in the calendaring of the appeals. Separate motion by the appellant, inter alia, to stay so much of the October 14, 2020, order as directs the appellant to pay child support arrears in the amount of $7,150, to stay so much of the March 2, 2023, order as directs the appellant to pay the respondent $650 per month in child support, including child support arrears, and to stay a contempt hearing.

Upon the papers filed in support of the motions and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is for leave to appeal to this Court from the order dated January 3, 2023, is denied, the appeal purportedly taken as of right from that order is dismissed, without costs or disbursements, and that motion is otherwise denied as academic; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is denied; and it is further,

ORDERED that on the Court's own motion, the appeals from the orders dated October 14, 2020, and March 2, 2023, will be calendared together and will be argued or submitted on the same date; and it is further,

ORDERED that the motions are otherwise denied; and it is further,

ORDERED that on the Court's own motion, the appellant's time to perfect the appeal from the order dated March 2, 2023, is extended, and on or before October 27, 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., DOWLING, WARHIT and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court