| Matter of Kelsey v Imperati |
| Motion No: 2025-10877 |
| Slip Opinion No: 2025 NY Slip Op 82076(U) |
| Decided on December 10, 2025 |
| 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. |
Appellate Division: Second Judicial Department
M309917
AFA/
COLLEEN D. DUFFY, J.P.
PAUL WOOTEN
LAURENCE L. LOVE
PHILLIP HOM, JJ.
|
2025-10877, 2025-10882 In the Matter of Michael N. Kelsey, appellant, v Kirk Imperati, etc., et al., respondents. (Index No. 569/2025)
| DECISION & ORDER ON MOTION |
Appeals from two orders of the Supreme Court, Dutchess County, dated May 7, 2025, and July 10, 2025, respectively. Motion by the appellant to stay enforcement of an order of the same court dated April 9, 2025, pending hearing and determination of the appeals. Separate motion by the appellant to stay enforcement the order dated April 9, 2025, pending hearing and determination of the appeals. Separate motion by the appellant pro se for waiver of costs, fees, and expenses and for the assignment of counsel.
Upon the papers filed in support of the motions to stay enforcement of the order dated April 9, 2025, and the papers filed in opposition thereto, and upon the papers filed in support of the motion to waive costs, fees, expenses and for the assignment of counsel 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 prosecute the appeals on the original papers is granted, and the appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other; additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,
ORDERED that the motions are otherwise denied.
DUFFY, J.P., WOOTEN, LOVE and HOM, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court