Phillip v Zanani
Motion No: 2008-08931
Slip Opinion No: 2009 NYSlipOp 60984(U)
Decided on January 16, 2009
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

M81225

E/sl

REINALDO E. RIVERA, J.P.

DANIEL D. ANGIOLILLO

THOMAS A. DICKERSON

CHERYL E. CHAMBERS, JJ.

2008-08931

Robert Phillip, plaintiff-respondent,

v Doron Zanani, appellant, Casey White,

defendant-respondent.

(Index No. 12267/07)

DECISION & ORDER ON MOTION

Renewed motion by Doron Zanani, inter alia, to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated April 21, 2008, and to calendar the appeal with an appeal from an order of the same court dated November 10, 2008.

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 calendar the appeal from the order dated April 21, 2008, with an appeal from the order dated November 10, 2008, is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]); and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., ANGIOLILLO, DICKERSON and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court