| Marooney v Dimino Express, Inc. |
| Motion No: 2006-08485 +1 |
| Slip Opinion No: 2007 NYSlipOp 62212(U) |
| Decided on January 31, 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
M50171
E/sl
HOWARD MILLER, J.P.
DAVID S. RITTER
ROBERT A. LIFSON
MARK C. DILLON, JJ.
|
2006-08485 2006-10689 Lisa Marooney, et al., respondents-appellants, v Dimino Express, Inc., et al., respondents, Lucy Hart, appellant. (Appeal No. 1) Lisa Marooney, et al., plaintiffs-respondents, v Dimino Express, Inc., et al., appellants, Lucy Hart, defendant-respondent. (Appeal No. 2)
(Index No. 11148/04)
| DECISION & ORDER ON MOTION |
Motion by Dimino Express and Keith Mottley, the respondents on an appeal and cross appeal from an order of the Supreme Court, Kings County, dated July 25, 2006, and the appellants on an appeal from an order of the same court dated October 16, 2006, to stay the trial in the above-entitled action pending hearing and determination of the appeals and cross appeal, and to set a date certain for oral argument.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that on the court's own motion, the appeals will be heard together, and will be argued or submitted on the same day.
MILLER, J.P., RITTER, LIFSON and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court