Appellate Division: Second Judicial Department

M310754

ECQ/

CHERYL E. CHAMBERS, J.P.

HELEN VOUTSINAS

JANICE A. TAYLOR

PHILLIP HOM, JJ.

2024-06051 Steven Phillips, etc., et al., respondents, v Irina Phillips, et al., appellants. (Index No. 6057/2023)

DECISION & ORDER ON MOTION

2025-01945, 2025-01947, 2025-01949,

2025-01950

Steven Phillips, etc., et al., respondents,

v Irina Phillips, appellant, et al., defendants.

(Index No. 6057/2023)

2025-09978

Steven Phillips, etc., et al., plaintiffs-respondents,

v Irina Phillips, defendant third-party plaintiff-appellant,

et al., defendants; David Phillips, third-party

defendant-respondent.

(Index No. 6057/2023)

On the Court's own motion, it is

ORDERED the decision and order on motion of this Court dated December 15, 2025, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Appeals from five orders of the Supreme Court, Orange County, dated March 25, 2024, January 21, 2025, January 28, 2025, February 11, 2025, and July 11, 2025, respectively, and an order and judgment (one paper) of the same court dated January 28, 2025. Motion by the plaintiffs-respondents in effect, to direct the appellant Irina Phillips to serve and file a supplemental record containing certain material in the appeal from the order dated March 25, 2024 and to extend the time to serve and file a brief. Motion by the appellant Irina Phillips, inter alia, to stay warrants of eviction dated January 28, 2025, and February 11, 2025, pending hearing and determination of the appeals. Separate motion by the appellant Irina Phillips to consolidate the appeal from the order dated July 11, 2025, with the appeal from the order dated January 21, 2025, and to hold those appeals in abeyance, pending hearing and determination of the appeal from the order dated March 25, 2024.

Upon the papers filed in support of the motion by plaintiffs-respondents and the papers filed in opposition and in relation thereto, and upon the papers filed in support of the motion to stay the warrants of eviction and the papers filed in opposition thereto, and upon the papers filed in support of the motion to consolidate the appeal from the order dated July 11, 2025, with the appeal from the order dated January 21, 2025, and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of motion by the plaintiffs-respondents which is to direct the appellant Irina Phillips to serve and file a supplemental record containing certain material is granted, and on or before January 20, 2026, the appellant Irina Phillips shall serve and file a supplemental record in the appeal from the order dated March 25, 2024, containing Supreme Court NYSCEF Documents Nos. 70 and 73, via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the supplemental record and upload a digital copy of the supplemental record, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the branch of the motion by the plaintiffs-respondents which is to extend the time to serve and file a brief is granted, and on or before February 20, 2026, the plaintiffs-respondents shall serve and file their respondent's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the motions by the appellant Irina Phillips are denied; and it is further,

ORDERED that on the Court's own motion, the appeals will be calendared together and will be argued or submitted on the same date.

CHAMBERS, J.P., VOUTSINAS, TAYLOR and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court