Appellate Division: Second Judicial Department

M130033

E/ct

REINALDO E. RIVERA, J.P.

RANDALL T. ENG

SHERI S. ROMAN

SANDRA L. SGROI, JJ.

2010-07173, 2011-05456 Mildred Belen Roman, respondent, v 233 Broadway Owners, LLC, et al., respondents-appellants, ADT Security Services, Inc., appellant-respondent (and a third-party action). (Appeal No. 1) Mildred Belen Roman, appellant, v 233 Broadway Owners, LLC, et al., respondents (and a third-party action). (Appeal No. 2) (Index No. 31091/05)

DECISION & ORDER ON MOTION

Motion by Mildred Belen Roman on an appeal and cross appeal from an order of the Supreme Court, Kings County, dated May 27, 2010, and an appeal from an order of the same court dated April 6, 2011, to stay enforcement of so much of the order dated April 6, 2011, as granted the defendants leave to make a motion for summary judgment and to calendar the appeals and cross appeal together. Cross motion by 233 Broadway Owners, LLC, and Witkoff Group, Inc., to stay all proceedings in the above-entitled action, including all discovery and the trial, pending hearing and determination of the appeals and cross appeal.

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

ORDERED that the branch of the motion which is to calendar the appeals and cross appeal together is granted and the appeals will be argued or submitted on the same day; and it is further,

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

ORDERED that the cross motion is denied.

RIVERA, J.P., ENG, ROMAN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court