Appellate Division: Second Judicial Department

M131192

E/sl

MARK C. DILLON, J.P.

PLUMMER E. LOTT

SHERI S. ROMAN

JEFFREY A. COHEN, JJ.

2011-02293, 2011-03421 Lori Noller, et al., appellants, v Miguel Peralta, et al., defendants, Town of Cornwall, et al., respondents. 2011-04400 Lori Noller, et al., respondents, v Miguel Peralta, et al., defendants, Robert McCreanor, et al., appellants. (Index No. 6148/07)

DECISION & ORDER ON MOTION

Motion by Robert McCreanor and Barbara McCreanor on appeals from two orders of the Supreme Court, Orange County, dated January 20, 2011, and March 25, 2011, respectively, and an interlocutory judgment of the same court dated March 2, 2011, to stay the trial in the above-entitled action pending hearing and determination of the appeals, and to consolidate the appeals from the order dated January 20, 2011, and the judgment, with the appeal from the order dated March 25, 2011.

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

ORDERED that the branch of the motion which is to stay the trial is granted, and the trial in the above-entitled action is stayed pending hearing and determination of the appeals; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is denied; and it is further,

ORDERED that on the Court's own motion, the appeals from the order dated January 20, 2011, and the judgment will be calendared together with the appeal from the order dated March 25, 2011, and will be argued or submitted on the same day.

DILLON, J.P., LOTT, ROMAN and COHEN, JJ., concur.

ENTER:

.

Aprilanne Agostino

Clerk of the Court