| Felix v Law Offices of Thomas F. Liotti |
| Motion No: 2010-03012 |
| Slip Opinion No: 2010 NY Slip Op 87164(U) |
| Decided on November 5, 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. |
Appellate Division: Second Judicial Department
M110621
E/sl
WILLIAM F. MASTRO, J.P.
STEVEN W. FISHER
FRED T. SANTUCCI
PLUMMER E. LOTT, JJ.
|
2010-03012, 2010-04979, 2010-05033 2008-08784 Donald Felix, respondent, v Law Offices of Thomas F. Liotti, appellant. (Index No. 8395/07)
| DECISION & ORDER ON MOTION 2010-05035, 2010-09343, 2008-07489 |
Motion by the appellant on appeals from a judgment of the Supreme Court, Nassau County, dated December 23, 2009 (Appellate Division Docket No. 2010-03012), an order of the same court dated September 17, 2010 (Appellate Division Docket No. 2010-09343), an order of the same court dated February 18, 2010 (Appellate Division Docket No. 2010-05033), two orders of the same court, both dated April 23, 2010 (Appellate Division Docket Nos. 2010-04979 and 2010-05035), an order of the same court dated June 30, 2008 (Appellate Division Docket No. 2008-07489), and an order of the same court order entered August 11, 2008 (Appellate Division Docket No. 2008-08784), to stay enforcement of the judgment pending hearing and determination of the appeal, and to consolidate the appeals. Application by the respondent to adjourn the return date of the motion so that he may submit opposition papers.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, and upon the application and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to stay enforcement of the judgment is denied; and it is further,
ORDERED that the branch of the motion which is to consolidate the appeals from the order dated June 30, 2008 (Appellate Division Docket No. 2008-07489), and the order entered August 11, 2008 (Appellate Division Docket No. 2008-08784), with the remaining appeals is denied on the ground that the appeals from the order dated June 30, 2008, and the order entered August 11, 2008, were deemed withdrawn by decision and order on motion dated March 13, 2009; and it is further,
ORDERED that the branch of the motion which is to consolidate the remaining appeals is denied as academic those appeals were consolidated as of right (see 22 NYCRR 670.7[c][1]) by perfecting them together; and it is further,
ORDERED that the application is denied.
MASTRO, J.P., FISHER, SANTUCCI and LOTT, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court