Appellate Division: Second Judicial Department

M309333

AFA/

LARA J. GENOVESI, J.P.

LILLIAN WAN

JANICE A. TAYLOR

DONNA-MARIE E. GOLIA, JJ.

2023-00032, 2023-00033, 2023-08559, 2024-10956, 2024-12214 Onewest Bank, FSB, respondent, v Anthony Postiglione, etc., et al., defendants, Robin Postiglione, etc., appellant. (Index No. 8860/2010)

DECISION & ORDER ON MOTION

Appeals from four orders of the Supreme Court, Suffolk County, dated December 17, 2021 (two orders), May 24, 2023, and July 25, 2024, respectively, and an order and judgment (one paper) of the same court dated July 25, 2024. Motion by the appellant, inter alia, in effect, to stay the sale of the subject premises, pending hearing and determination of the appeals. Separate motion by the appellant, inter alia, in effect, to consolidate the appeals from the order dated July 25, 2024, and the order and judgment dated July 25, 2024, with the appeals from the two orders dated December 17, 2021, and the order dated May 24, 2023, and to deem the record and briefs filed in connection with the appeals from the two orders dated December 17, 2021, and the order dated May 24, 2023, also to be filed in connection with the appeals from the order dated July 25, 2024, and the order and judgment, and to file a supplemental record containing the order dated July 25, 2024, and the order and judgment. Application by the appellant to extend the time to perfect the appeal from the order and judgment.

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

ORDERED that the branch of the motion which is, in effect, to stay the sale of the subject premises is granted, the sale of the subject premises is stayed, pending hearing and determination of the appeals; and it is further,

ORDERED that the branches of the motion which are, in effect, to consolidate the appeals, to deem the record and briefs filed in connection with the appeals from the two orders dated December 17, 2021, and the order dated May 24, 2023, also to be filed in connection with the appeals from the order dated July 25, 2024, and the order and judgment, and to file a supplemental record containing the order dated July 25, 2024, and the order and judgment are granted, the appeals are consolidated, the record and briefs filed in connection with the appeal from the two orders dated December 17, 2021, and the order dated May 24, 2023, are deemed also to be filed in connection with the appeals from the order dated July 25, 2024, and the order and judgment, and on or before December 15, 2025, the appellant shall serve and file a replacement record containing the order dated July 25, 2024, and the order and judgment, the notices of appeal from the order dated July 25, 2024, and the order and judgment, and the parties shall serve and file replacement briefs, which contain Appellate Division Docket Nos. 2024-10956 and 2024-12214 in addition to Appellate Division Docket Nos. 2023-00032, 2023-00033, and 2023-08559 on the covers, via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the replacement record and replacement briefs and upload a digital copy of the replacement record and the replacement briefs, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the application is denied as unnecessary; and it is further,

ORDERED that the motions are otherwise denied.

GENOVESI, J.P., WAN, TAYLOR and GOLIA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court