Kelley v Doaman
Motion No: 2011-03200
Slip Opinion No: 2012 NY Slip Op 61451(U)
Decided on January 18, 2012
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

M131776

E/sl

ANITA R. FLORIO, J.P.

CHERYL E. CHAMBERS

L. PRISCILLA HALL

ROBERT J. MILLER, JJ.

2011-03200, 2011-03206, 2011-11918,

2011-11920

Edward Kelley, etc., et al., appellants,

v Ian Doaman, etc., et al., respondents.

(Appeal Nos. 1 and 2)

Edward Kelley, etc., et al., respondents,

v Ian Doaman, etc., et al., appellants.

(Appeal Nos. 3 and 4)

(Index No. 2104/07)

DECISION & ORDER ON MOTION

Motion by Ian Doaman and Joseph Bonomo to stay all proceedings in the above-entitled action and a related action entitled Kelly v Garuda, pending in the Supreme Court, Nassau County, under Index No. 7016/04, pending hearing and determination of appeals from two orders of the Supreme Court, Nassau County, both dated January 28, 2011, and two orders of the same court entered June 21, 2010, and July 21, 2011, respectively, to consolidate the appeals from the orders dated January 28, 2011, with the appeals from the orders entered June 21, 2010, and July 21, 2011, respectively, and to enlarge their time to serve and file a respondents' brief in connection with the appeals from the orders dated January 28, 2011.

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

ORDERED that the branches of the motion which are to stay all proceedings in the above-entitled and the related action and to consolidate the appeals are denied; and it is further

ORDERED that the branch of the motion which is to enlarge the time to serve and file a respondents' brief in connection with the appeals from the orders dated January 28, 2011, is granted, the time to serve and file the brief is enlarged until February 17, 2012, and the respondents' brief must be served and filed on or before that date; and it is further

ORDERED that on the Court's own motion, the appeals will be calendared together and will be argued or submitted on the same day on condition that the appeals from the orders entered June 21, 2010, and July 21, 2011 (Appellate Division Docket Nos. 2011-11918 and 2011-11920), are perfected on or before February 17, 2012.

FLORIO, J.P., CHAMBERS, HALL and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court