Appellate Division: Second Judicial Department

M308162

AFA/

MARK C. DILLON, J.P.

LINDA CHRISTOPHER

LILLIAN WAN

PHILLIP HOM, JJ.

2023-09233, 2024-02356 In the Matter of Jeremiah C. Gaffney, Jr., deceased. Jonathan Gaffney, petitioner-respondent; Mary E. Jones, etc., respondent-appellant. (File No. 2705/1996)

DECISION & ORDER ON MOTION

2025-03961

In the Matter of Jeremiah C. Gaffney, Jr., deceased.

Jonathan Gaffney, petitioner-respondent;

Mary E. Jones, etc., respondent-appellant.

(File No. 2705/1996)

Appeals from three orders of the Surrogate's Court, Queens County, dated July 5, 2023, February 15, 2024, and March 27, 2025, respectively. Motion by the appellant to consolidate the appeals from the orders dated July 5, 2023, and February 15, 2024, with the appeal from the order dated March 27, 2025. Motion by the respondent to stay the appellant from disposing, transferring, conveying, or redeeming any property subject to the above-entitled proceeding, pending hearing and determination of the appeals. Separate motion by the appellant to consolidate the appeal from the order dated March 27, 2025, with the appeals from the orders dated July 5, 2023, and February 15, 2024, or, in the alternative, to calendar the appeals together, and to extend the time to perfect the appeal from the order dated March 27, 2025. Separate motion by the respondent to vacate a stay granted by decision and order on motion of this Court dated May 23, 2025.

Upon the papers filed in support of the motions by the appellant and the motion by respondent for a stay and the papers filed in opposition thereto, and upon the papers filed in support of the motion by the respondent to vacate the stay and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion and the branch of the motion by the appellant which is to consolidate the appeals from the orders dated July 5, 2023, and February 15, 2024, with the appeal from the order dated March 27, 2025, are denied; and it is further,

ORDERED that the branch of the motion by the appellant which is to calendar the appeals together is granted, and the appeals will be calendared together and will be argued or submitted on the same date; and it is further,

ORDERED that the branch of the motion by the appellant which is to extend the time to perfect the appeal from the order dated March 27, 2025, is granted, and on or before December 1, 2025, 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 the motion by the respondent to stay the appellant from disposing, transferring, conveying, or redeeming any property subject to the above-entitled proceeding, pending hearing and determination of the appeals is granted, and the appellant is stayed from disposing, transferring, conveying, or redeeming any property subject to the above-entitled proceeding, pending hearing and determination of the appeals; and it is further,

ORDERED that the motion by the respondent to vacate the stay granted by decision and order on motion of this Court dated May 23, 2025, is denied.

DILLON, J.P., CHRISTOPHER, WAN and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court