Matter of Susan D. Settenbrino, P.C. v Barroga-Hayes
Motion No: 2010-08539
Slip Opinion No: 2010 NY Slip Op 83844(U)
Decided on September 30, 2010
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

M109037

E/sl

STEVEN W. FISHER, J.P.

MARK C. DILLON

ANITA R. FLORIO

PLUMMER E. LOTT, JJ.

2010-08539

In the Matter of Susan D. Settenbrino, P.C.,

appellant, v Florentina Barroga-Hayes,

respondent.

(Index No. 80106/10)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Supreme Court, Richmond County, dated July 20, 2010, pending hearing and determination of an appeal therefrom, and to consolidate "the [a]ppeal of [b]oth [a]ctions [u]nder Index Nos. 80106/10 and 80118/10."

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 enforcement of the order dated July 20, 2010, is denied; and it is further,

ORDERED that the branch of the motion which is to consolidate "the [a]ppeal of [b]oth [a]ctions [u]nder Index Nos. 80106/10 and 80118/10" is denied as unnecessary on the ground that the order appealed from consolidated the proceedings under the caption of Index No. 80106/10.

FISHER, J.P., DILLON, FLORIO and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court