| Rosenberg v Piller |
| Motion No: 2011-11930 |
| Slip Opinion No: 2012 NY Slip Op 65282(U) |
| Decided on February 24, 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. |
Appellate Division: Second Judicial Department
M133691
E/sl
REINALDO E. RIVERA, J.P.
JOHN M. LEVENTHAL
SHERI S. ROMAN
JEFFREY A. COHEN, JJ.
|
2011-11930, 2012-01026 Nachum Rosenberg, etc., et al., appellants, v Morris Piller, etc., et al., respondents. (Index No. 6084/11)
| DECISION & ORDER ON MOTION |
Motion by the plaintiffs on appeals from two orders of the Supreme Court, Kings County, dated October 24, 2011, and January 5, 2012, respectively, for leave to appeal to this Court from so much of the order dated October 24, 2011, as sua sponte dismissed the action and directed the parties to proceed with arbitration, to stay enforcement of the orders, pending hearing and determination of the appeals from the orders, and to consolidate the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to appeal is granted; and it is further,
ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]); and it is further,
ORDERED that the motion is otherwise denied.
RIVERA, J.P., LEVENTHAL, ROMAN and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court