Opinion
2012-06828 2012-08396 2013-04574 Index No. 28487/11 M156949
05-24-2013
Kathleen Von Fricken, et al., respondents, v. Laura Schaefer, appellant.
, J.P.
CHERYL E. CHAMBERS
PLUMMER E. LOTT
JEFFREY A. COHEN, JJ.
DECISION & ORDER ON MOTION
Motion by the appellant to consolidate appeals from an order of the Supreme Court, Suffolk County, dated May 29, 2012, and a judgment of the same court dated July 11, 2012, with an appeal from an order of the same court dated April 3, 2013, and, in effect, to amend a decision and order on motion of this Court dated August 3, 2012, as amended September 13, 2012, which stayed enforcement of the order dated May 29, 2012, and the judgment dated July 11, 2012, pending hearing and determination of those appeals, to reflect that enforcement of the order dated May 29, 2012, and the judgment dated July 11, 2012, are stayed pending hearing and determination of the appeal from the order dated April 3, 2013.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the Court's own motion, the appeal from so much of the order dated April 3, 2013, as denied reargument is dismissed, without costs or disbursements, on the ground that no appeal lies from an order denying reargument; and it is further,
ORDERED that the branch of the motion which is, in effect, to amend the decision and order on motion of this Court dated August 3, 2012, as amended September 13, 2012, is granted, and the order dated August 3, 2012, is further amended to reflect that enforcement of the order dated May 29, 2012, the judgment dated July 11, 2012, and the order dated April 3, 2013, are stayed, pending hearing and determination of all three appeals, on condition that the appeal from the order dated April 3, 2013, is perfected on or before June 24, 2013; and it is further,
ORDERED that if the appeal from the order dated April 3, 2013, is not perfected by June 24, 2013, the Court, on its own motion, may vacate the stay, without further notice, or the respondents 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; 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 day.
SKELOS, J.P., CHAMBERS, LOTT and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court