| Sullivan v G & L Building Corp. |
| Motion No: 2006-05703 +2 |
| Slip Opinion No: 2007 NYSlipOp 61648(U) |
| Decided on January 23, 2007 |
| 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
M49758
E/sl
DAVID S. RITTER, J.P.
FRED T. SANTUCCI
PETER B. SKELOS
THOMAS A. DICKERSON, JJ.
|
2006-05703 Richard Sullivan, plaintiff, v G & L Building Corp., defendant second third-party plaintiff, JKT Construction Corp., etc., defendant third- party plaintiff-appellant; Prince Electric, et al., third-party defendants-respondents; Ann Taylor Retail, Inc., second third-party defendants- respondents. 2006-09129 Richard Sullivan, plaintiff, v G & L Building Corp., defendant second third-party plaintiff- appellant, et al., defendant; Ann Taylor Retail, Inc., second third-party defendant-respondent (and another title). 2006-11386 Richard Sullivan, plaintiff, v G & L Building Corp., defendant second third-party plaintiff, JKT Construction Corp., etc., defendant third- party plaintiff; Prince Electric, third-party defendant-appellant, et al., third-party defendant; Ann Taylor Retail, Inc., second third-party defendant-respondent. (Index No. 13922-02)
| DECISION & ORDER ON MOTION |
Motion by Prince Electric, the appellant on an appeal from an order of the Supreme Court, Suffolk County, dated October 17, 2006 (Appellant Division Docket No 2006-11386), to stay the trial in the above-entitled action pending hearing and determination of that appeal as well as appeals from two orders of the same court dated April 6, 2006 (Appellate Division Docket No. 2006-05703), and August 31, 2006 (Appellant Division Docket No. 2006-09129), respectively, and to consolidate the three appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to stay the trial in the above-entitled action is granted and the trial is stayed pending hearing and determination of the appeals pending under Appellant Division Docket Nos. 2006-05703 and 2006-11386; and it is further,
ORDERED that the motion is otherwise denied; and it is further,
ORDERED that on the court's own motion, the appeals from the orders dated April 6, 2006 (Appellate Division Docket No. 2006-05703), and October 17, 2006 (Appellate Division Docket No. 2006-11386), will be heard together, and will be argued or submitted on the same day.
RITTER, J.P., SANTUCCI, SKELOS and DICKERSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court