Appellate Division: Second Judicial Department

M297106

AFA/

VALERIE BRATHWAITE NELSON, J.P.

JOSEPH J. MALTESE

LINDA CHRISTOPHER

LAURENCE L. LOVE, JJ.

2023-06909 Danielle Lawrence, respondent, v Rodrick Brown, et al., appellants. (Index No. 606315/2021)

DECISION & ORDER ON MOTION

2023-07448

Kimberley Facey, respondent,

v Stacyann Thompson, appellant.

(Index No. 604703/2021)

2024-01443

Danielle Lawrence, respondent,

v Rodrick Brown, et al., appellants.

(Index No. 606315/2021)

Appeals from three orders of the Supreme Court, Nassau County, dated May 24, 2023, June 9, 2023, and December 20, 2023, respectively. Motion by the appellant Rodrick Brown to stay enforcement of the orders dated May 24, 2023, and December 20, 2023, including the inquest on the issue of damages, pending hearing and determination of the appeals. Separate motion by the appellant Rodrick Brown to consolidate the appeals from the orders dated May 24, 2023, and December 20, 2023, and to extend the time to perfect the appeals. Motion by the appellant Stacyann Thompson to consolidate the appeals from the orders dated May 24, 2023, and December 20, 2023, and to extend the time to perfect the appeals. Separate motion by the appellant Stacyann Thompson to consolidate the appeals from the June 9, 2023, order and the December 20, 2023, order and, in effect, to stay enforcement of those orders, including the inquest on the issue of damages, pending hearing and determination of the appeals. Separate motion by the appellant Stacyann Thompson to extend the time to perfect the appeal from the order dated June 9, 2023.

Upon the papers filed in support of the motion by the appellant Rodrick Brown to stay enforcement of the orders dated May 24, 2023, and December 20, 2023, and the motion by appellant Stacyann Thompson to consolidate the appeals from the orders dated June 9, 2023, and December 20, 2023, and, in effect, to stay enforcement of those orders, including the inquest on the issue of damages, and the papers filed in opposition thereto, and upon the papers filed in support of the motion by appellant Rodrick Brown to consolidate the appeals from the orders dated May 24, 2023, and December 20, 2023, and to extend the time to perfect the appeals, the motion by the appellant Stacyann Thompson to consolidate the appeals from the orders dated May 24, 2023, and December 20, 2023, and to extend the time to perfect the appeals, and the motion by the appellant Stacyann Thompson to extend the time to perfect the appeal from the order dated June 9, 2023, and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion by the appellant Rodrick Brown to stay enforcement of the orders dated May 24, 2023, and December 20, 2023, including the inquest on the issue of damages, pending hearing and determination of the appeals, is denied; and it is further,

ORDERED that the branches of the motions by appellants Rodrick Brown and Stacyann Thompson which are to consolidate the appeals from the orders dated May 24, 2023, and December 20, 2023, are 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 the branches of the motions by appellants Rodrick Brown and Stacyann Thompson which are to extend the time to perfect the appeals from the orders dated May 24, 2023, and December 20, 2023, are granted, and on or before July 15, 2024, the appellants shall serve and file the joint record or appendix and their respective briefs via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the joint record or appendix and their respective appellant's briefs and upload digital copies of the joint record or appendix and their respective appellant's briefs, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the motion by appellant Stacyann Thompson to consolidate the appeals from the June 9, 2023, order, and the December 20, 2023, order and, in effect, to stay enforcement of those orders, including the inquest on the issue of damages, pending hearing and determination of the appeals, is denied; and it is further,

ORDERED that on the Court's own motion, the appeal from the June 9, 2023, order will be calendared together and will be argued or submitted on the same date as the appeals from the orders dated May 24, 2023, and December 20, 2023; and it is further,

ORDERED that the motion by Stacyann Thompson to extend the time to perfect the appeal from the order dated June 9, 2023, is granted, and on or before July 15, 2024, the appellant Stacyann Thompson shall serve and file the record or appendix and her brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and her brief and upload digital copies of the record or appendix and her brief, with proof of service thereof, through the digital portal on this Court's website.

BRATHWAITE NELSON, J.P., MALTESE, CHRISTOPHER and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court