Taveras v Amir
Motion No: 2010-09426
Slip Opinion No: 2010 NY Slip Op 90684(U)
Decided on December 14, 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

M112694

E/sl

PETER B. SKELOS, J.P.

FRED T. SANTUCCI

ARIEL E. BELEN

PLUMMER E. LOTT, JJ.

2010-09426, 2010-11084

Jesus Taveras, et al., respondents,

v Muhammad A. Amir, et al., defendants,

Platform Taxi, Inc., appellant.

(Index No. 28477/02)

DECISION & ORDER ON MOTION

Motion by the appellant to consolidate appeals from two orders of the Supreme Court, Kings County, dated August 2, 2010 (Appellate Division Docket No. 2010-09426), and October 15, 2010 (Appellate Division Docket No. 2010-11084), respectively, and, in effect, to amend a decision and order on motion dated October 27, 2010, which conditioned a stay of enforcement of an amended judgment of the same court entered July 8, 2009, upon the perfection of the appeal from the order dated August 2, 2010, on or before November 29, 2010.

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 October 15, 2010 (Appellate Division Docket No. 2010-11084), 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 stay of enforcement of the amended judgment entered July 8, 2009, is vacated.

SKELOS, J.P., SANTUCCI, BELEN and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court