Sabbatini v Galati
Motion No: 2005-10122
Slip Opinion No: 2006 NYSlipOp 60601(U)
Decided on January 12, 2006
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M34800

Y/sl

THOMAS A. ADAMS, J.P.

PETER B. SKELOS

STEVEN W. FISHER

ROBERT J. LUNN, JJ.

2005-10122

Nicholas Sabbatini, appellant, v

Benito Galati, et al., respondents.

(Appeal No. 1)

(Index No. 3652/05)

2006-00245

Nicholas Sabbatini, appellant, v

Benito Galati, respondent.

(Appeal No. 2)

(Index No. 8546/03)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Supreme Court, Queens County, dated November 30, 2005 (Appellate Division Docket No. 2006-00245), pending hearing and determination of an appeal therefrom and to consolidate that appeal with an appeal from an order of the same court dated September 27, 2005 (Appellate Division Docket No. 2005-10122).

Upon the papers filed in support of the motion and the papers in opposition thereto, it is

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 shall be calendared together, and shall be argued or submitted on the same day.

ADAMS, J.P., SKELOS, FISHER and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court