Appellate Division: Second Judicial Department

M108671

E/sl

MARK C. DILLON, J.P.

ANITA R. FLORIO

SHERI S. ROMAN

SANDRA L. SGROI, JJ.

2008-05740, 2008-08679, 2008-10645, 2009-04160, 2009-05736, 2009-08420, 2009-10304, 2010-09500, 2010-09501 Galasso, Langione & Botter, LLP, et al., plaintiffs-respondents, v Thomas Liotti, defendant third-party plaintiff-appellant; Frederick Brewington, third-party defendant-respondent. (Appeal Nos. 1, 2, 3, 4, 6, 7) Galasso, Langione & Botter, LLP, respondent, v Anthony Galasso, appellant, et al., defendants. (Appeal Nos. 5, 8, 9) (Index Nos. 19276/07, 10038/07)

DECISION & ORDER ON MOTION

Motion by the defendant third-party plaintiff-appellant (1) to calendar together an appeal from an order of the Supreme Court, Nassau County, dated February 6, 2009 (Appellate Division Docket No. 2009-05736), with appeals from four orders of the same court dated May 12, 2008 (Appellate Division Docket No. 2008-05740), August 19, 2008 (Appellate Division Docket No. 2008-08679), November 3, 2008 (Appellate Division Docket No. 2008-10645), and March 27, 2009 (Appellate Division Docket No. 2009-04160), respectively, and two orders of the same court entered June 24, 2009 (Appellate Division Docket No. 2009-08420), and August 14, 2009 (Appellate Division Docket No. 2009-10304), respectively, (2) for leave to appeal to this court from two orders of the same court dated January 20, 2010 (Appellate Division Docket No. 2010-09500), and May 25, 2010 (Appellate Division Docket No. 2010-09501), respectively, and (3) "to expand the record on appeal." Separate motion by the defendant third-party plaintiff-appellant "to further expand the record on appeal " to include certain documents and to stay certain trial court proceedings pending hearing and determination of the appeals.

Upon the papers filed in support of the motions 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 February 6, 2009, together with appeals from four orders of the Supreme Court, Nassau County, dated May 12, 2008 (Appellate Division Docket No. 2008-05740), August 19, 2008 (Appellate Division Docket No. 2008-08679), November 3, 2008 (Appellate Division Docket No. 2008-10645), and March 27, 2009 (Appellate Division Docket No. 2009-04160), respectively, and two orders of the same court entered June 24, 2009 (Appellate Division Docket No. 2009-08420), and August 14, 2009 (Appellate Division Docket No. 2009-10304), respectively, is granted, and those appeals will be calendared together and will be argued or submitted on the same day; and it is further,

ORDERED that the branch of the motion which is for leave to appeal from the order dated January 20, 2010, is denied as unnecessary as the order is appealable as of right (see CPLR 5517[a]); and it is further,

ORDERED that the branches of the motion which are for leave to appeal from the order dated May 25, 2010, and "to expand the record on appeal" and the separate motion "to further expand the record on appeal" to include certain documents and to stay certain trial court proceedings pending hearing and determination of the appeals are denied.

DILLON, J.P., FLORIO, ROMAN and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court