Appellate Division: Second Judicial Department

M110826

E/sl

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

L. PRISCILLA HALL

SHERI S. ROMAN, JJ.

2010-01519, 2010-08765, 2010-10269 Raymond W. Stormes, et al., appellants, v United Water New York, Inc., et al., respondents. (Appeal No. 1) Raymond W. Stormes, et al., respondents, v United Water New York, Inc., et al., appellants. (Appeal Nos. 2 and 3) (Index No. 08-2282)

DECISION & ORDER ON MOTION

Motion by United Water New York, Inc., and United Water New Jersey, Inc., to stay the trial in the above-entitled action, pending hearing and determination of appeals from three orders of the Supreme Court, Rockland County, dated December 21, 2009 (Appellate Division Docket No. 2010-01519), August 5, 2010 (Appellate Division Docket No. 2010-08765), and September 20, 2010 (Appellate Division Docket No. 2010-10269), respectively, and to consolidate the appeals.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that on the Court's own motion, the appeal from the order dated September 20, 2010 (Appellate Division Docket No. 2010-10269), is dismissed, without costs or disbursements, on the ground that no appeal lies from an order denying reargument; and it is further,

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

ORDERED that on the Court's own motion, the appeals from the orders dated December 21, 2009 (Appellate Division Docket No. 2010-01519), and August 5, 2010 (Appellate Division Docket No. 2010-08765), respectively, will be calendared together, and will be argued or submitted on the same day.

RIVERA, J.P., LEVENTHAL, HALL and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court