Minkow v Metelka
Motion No: 2006-01330 +3
Slip Opinion No: 2006 NYSlipOp 68838(U)
Decided on May 16, 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

M39700

E/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

WILLIAM F. MASTRO

MARK C. DILLON, JJ.

2006-01330, 2006-01331, 2006-04138,

2006-04139

Ellen Minkow, appellant,

v Elliot Metelka, respondent.

(Index No. 29250-03)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from four orders of the Supreme Court, Suffolk County, dated December 21, 2005, December 23, 2005, April 11, 2006, and April 25, 2006, respectively, inter alia, for leave to appeal from the orders, if necessary, to stay all proceedings in the above-entitled action pending hearing and determination of the appeals, and to consolidate the appeals.

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

ORDERED that the branch of the motion which is for leave to appeal is granted to the extent that leave to appeal from the orders dated December 21, 2005, and December 23, 2005, is granted, and that branch of the motion is otherwise denied as unnecessary; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7[c]); and it is further,

ORDERED that the motion is otherwise denied.

FLORIO, J.P., KRAUSMAN, MASTRO and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court