| Sabbatini v Galati |
| Motion No: 2005-10122 +1 |
| Slip Opinion No: 2006 NYSlipOp 60684(U) |
| Decided on January 13, 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. |
Appellate Division: Second Judicial Department
M34859
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 |
On the court's own motion, it is
ORDERED that its decision and order on motion dated January 12, 2006, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
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 branches of the motion which are to stay enforcement of the order dated November 30, 2005, and to consolidate the appeals are 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