Appellate Division: Second Judicial Department

M111137

E/sl

REINALDO E. RIVERA, J.P.

THOMAS A. DICKERSON

PLUMMER E. LOTT

SHERI S. ROMAN, JJ.

2009-10307, 2010-06147, 2010-10626 Joanne Conte, appellant, v County of Nassau, et al., respondents. (Index No. 4735/07)

DECISION & ORDER ON MOTION

Motion by the appellant to stay discovery in the above-entitled action pending hearing and determination of appeals from two orders of the Supreme Court, Nassau County, both dated October 2, 2009 (Appellate Division Docket Nos. 2009-10307, 2010-06147), and an order of the same court entered September 23, 2010 (Appellate Division Docket No. 2010-10626), and, in effect, to consolidate the appeals from the orders dated October 2, 2009, with the appeal from the order entered September 23, 2010, or to calendar the appeals together.

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

ORDERED that the branches of the motion which are to stay discovery in the above-entitled action and to consolidate the appeals is denied; and it is further,

ORDERED that the branch of the motion which is, in effect, to calendar the appeals together is granted, and the appeals from the orders dated October 2, 2009 (Appellate Division Docket Nos. 2009-10307, 2010-06147), will be calendared together with the appeal from the order entered September 23, 2010 (Appellate Division Docket No. 2010-10626), and will be argued or submitted on the same day, on condition that the appeal from the order entered September 23, 2010, is perfected on or before December 20, 2010.

RIVERA, J.P., DICKERSON, LOTT and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court