PRESENT: SMITH, J.P., FAHEY, CARNI, LINDLEY, AND GORSKI, JJ.

DOCKET NOS. CA 10-01661, CA 10-01662, CA 10-01663, CA 10-01664, AND CA 10-02514

AJAY GLASS & MIRROR CO., INC., PLAINTIFF-RESPONDENT, V AASHA G.C., INC. AND BARRY HALBRITTER, DEFENDANTS-RESPONDENTS, AND HUNT CONSTRUCTION GROUP, INC., DEFENDANT-APPELLANT.

Defendants having jointly moved for a stay of the appeals taken herein from orders and a judgment of the Supreme Court entered in the Office of the Clerk of the County of Monroe on January 8, 2010 (CA 10-01661), January 21, 2010 (CA 10-01662), February 16, 2010 (CA 10-01663), and March 29, 2010 (CA 10-01664) (Appeal Nos. 1 through 4), pending this Court's determination of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on December 2, 2010 (CA 10-02514) (Appeal No. 5), or, in the alterative, for the consolidation of Appeal No. 5 with Appeal Nos. 1 through 4, for an extension of time for defendants-respondents to file and serve a brief on Appeal Nos. 1 through 4, and for an extension of time for defendant-appellant to file and serve a reply brief,

Now, upon reading and filing the joint affidavit of Julian B. Modesti, Esq. and John G. Powers, Esq. sworn to December 22, 2010, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied and Appeal Nos. 1 through 4 are dismissed on the ground that they are academic and moot.

Entered: January 25, 2011

Patricia L. Morgan, Clerk