Appellate Division: Second Judicial Department

M302412

KS/

LARA J. GENOVESI, J.P.

VALERIE BRATHWAITE NELSON

LOURDES M. VENTURA

JAMES P. MCCORMACK, JJ.

2024-00937 Kamal Alsaidi, etc., plaintiff-respondent, v Ali Alsaede, et al., appellants, Mountain of Saber, LLC, defendant-respondent, et al., defendants. (Index No. 512191/2020)

DECISION & ORDER ON MOTION

2024-03391

Kamal Alsaidi, etc., plaintiff-respondent,

v Ali Alsaede, et al., appellants, Mountain

of Saber, LLC, defendant-respondent,

et al., defendants.

(Index No. 512191/2020)

Appeals from two orders of the Supreme Court, Kings County, dated December 21, 2023, and April 9, 2024, respectively. Motion by the appellants for leave to appeal to this Court from the order dated April 9, 2024, to stay enforcement of the orders, 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 branch of the motion which is for leave to appeal to this Court from the order dated April 9, 2024 is granted; and it is further,

ORDERED that the branch of the motion which is to stay enforcement of the orders, pending hearing and determination of the appeals is granted, and enforcement of the orders is stayed, pending hearing and determination of the appeals, on condition that the appeals are perfected on or before February 26, 2025; and it is further,

ORDERED that in the event the appeals are not perfected on or before February 26, 2025, the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate the stay, on three days notice; 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 the Court's own motion, the time to perfect the appeals is extended, and on or before February 26, 2025, the appellants shall serve and file the record or appendix and the appellants' brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellants' brief and upload digital copies of the record or appendix and the appellants' brief, with proof of service thereof, through the digital portal on this Court's website.

GENOVESI, J.P., BRATHWAITE NELSON, VENTURA and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court