Batista v City of New York
Motion No: 2011-06220
Slip Opinion No: 2011 NY Slip Op 91151(U)
Decided on November 30, 2011
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

M129572

E/sl

PETER B. SKELOS, J.P.

JOHN M. LEVENTHAL

ARIEL E. BELEN

SHERI S. ROMAN, JJ.

2011-06220, 2011-08474

Arelis Batista, etc., plaintiff-appellant,

v City of New York, et al., respondents,

Casilda Torres, etc., defendant-appellant.

(Appeal No. 1)

Arelis Batista, etc., appellant,

v City of New York, et al., respondents.

(Appeal No. 2)

(Index No. 22905/04)

2011-07508

Casilda Torres, etc., appellant,

v City of New York, et al., respondents.

(Appeal No. 3)

(Index No. 8378/06)

DECISION & ORDER ON MOTION

Motion by the appellant Arelis Batista to stay the trial in the action entitled Batista v City of New York, pending hearing and determination of appeals from an order of the Supreme Court, Queens County, entered May 27, 2011 (Appellate Division Docket No. 2011-06220), and a judgment of the same court entered July 18, 2011 (Appellate Division Docket No. 2011-084740), both entered in that action, and to consolidate the appeals. Separate motion by the appellant Casilda Torres to consolidate the appeals from the order entered May 27, 2011 and the judgment entered July 18, 2011, with an appeal from an order of the same court entered June 7, 2011 (Appellate Division Docket No. 2011-07508) and to enlarge the time to perfect the appeal from the order entered May 27, 2011.

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

ORDERED that the branch of the motion which is to stay the trial is denied; and it is further,

ORDERED that the branches of the motions which are to consolidate the appeals are granted and the parties shall file 10 copies of the joint record or appendix and their respective briefs; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeals from the order entered May 27, 2011, is granted, and the time to perfect those appeals is enlarged until January 30, 2012; and it is further,

ORDERED that on the Court's own motion, the time to perfect the appeal from the order entered June 7, 2011, is enlarged until January 30, 2012.

SKELOS, J.P., LEVENTHAL, BELEN and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court