Appellate Division: Second Judicial Department

M109859

E/sl

REINALDO E. RIVERA, J.P.

JOSEPH COVELLO

FRED T. SANTUCCI

SHERI S. ROMAN, JJ.

2010-00302, 2010-00991, 2010-01377 Bin Gu, appellant v Palm Beach Tan, Inc., et al., respondents (and other titles). (Appeal No. 1) Bin Gu, plaintiff-respondent, v Palm Beach Tan, Inc., et al., appellants, Contemporary Environmental Management, Inc., et al., defendants-respondents (and other titles). (Appeal No. 2) Bin Gu, plaintiff-respondent, v Palm Beach Tan, Inc., et al., defendants third third-party plaintiffs/fourth third-party plaintiffs-respondents, CT Tan, LLC, defendant fourth third-party plaintiff- respondent, Contemporary Environmental Management, Inc., defendant third-party defendant/second third-party plaintiff, FBR Construction Group, LLC, et al., defendants- respondents; Smart Choice of New York, appellant. (Appeal No. 3) (Index No. 1032/07)

DECISION & ORDER ON MOTION

Motion by Smart Choice of New York to consolidate appeals from three orders of the Supreme Court, Queens County, entered November 24, 2009 (Appellate Division Docket No. 2010-00302), December 3, 2009 (Appellate Division Docket No. 2010-01377), and December 8, 2009 (Appellate Division Docket No. 2010-00991), respectively. The appeal from the order entered December 8, 2009, was deemed withdrawn by decision and order on motion dated October 14, 2010.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED that on the court's own motion, the appeals from the orders entered November 24, 2009 (Appellate Division Docket No. 2010-00302), and December 3, 2009 (Appellate Division Docket No. 2010-01377), will be calendared together and will be argued or submitted on the same day.

RIVERA, J.P., COVELLO, SANTUCCI and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court