Motion List released on: May 8, 2020
By Rivera, J.P., Roman, Cohen, Hinds-Radix, JJ. STANLEY DAVIS, ETC., app, v. COMMACK HOTEL, LLC, ETC., res, ET AL., def; STANLEY DAVIS, ETC., app, SIBEN & SIBEN, LLC, res; GREAT AMERICAN E&S INSURANCE COMPANY, res, v. COMMACK HOTEL, LLC, ETC., ET AL., def, STANLEY DAVIS, ETC., app — Motion by the appellant pro se to consolidate appeals from three orders of the Supreme Court, Suffolk County, dated May 9, 2019, June 6, 2019, and October 21, 2019, respectively. Separate motion by the appellant pro se for leave to prosecute the appeal from the order dated May 9, 2019, as a poor person. Upon the papers filed in support of the motion to consolidate the appeals and the papers filed in opposition thereto, and upon the papers filed in support of the motion for leave to prosecute the appeal from the order dated May 9, 2019, as a poor person and no papers having been filed in opposition or in relation thereto, it is ORDERED that the motion 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 date; and it is further, ORDERED that the motion for leave to prosecute the appeal from the order dated May 9, 2019, as a poor person is granted to the extent that the appeal will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file an original and five duplicate hard copies, and, if represented by counsel, one digital copy, of their respective briefs, and to serve one hard copy on each other (22 NYCRR 1250.5[e], 1250.9[a][4],[c][1],[d],[e]); 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 in this Court (22 NYCRR 1250.9[a][4][i]); and it is further, ORDERED that the motion for leave to prosecute the appeal from the order dated May 9, 2019, as a poor person is otherwise denied; and it is further, ORDERED that on the Court’s own motion, the appellant’s time to perfect the appeals from the orders dated May 9, 2019, and June 6, 2019, is extended; the appellant shall serve a separate appellant’s brief for each appeal and upload digital copies of those separate appellant’s briefs, with proof of service thereof, as well as proof of service of subpoenas upon the clerk of the court of original instance requiring all documents constituting the record for each appeal to be filed in this Court, through the digital portal on this Court’s website, on or before July 7, 2020, and file an original and five hard copies of those separate appellant’s briefs in accordance with any applicable administrative order or other order to be issued by the Court. RIVERA, J.P., ROMAN, COHEN and HINDS-RADIX, JJ., concur.
