McLaughlin v DeFalco
Motion No: 2012-09029
Slip Opinion No: 2013 NY Slip Op 67648(U)
Decided on March 18, 2013
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

M153157

E/sl

REINALDO E. RIVERA, J.P.

CHERYL E. CHAMBERS

L. PRISCILLA HALL

PLUMMER E. LOTT, JJ.

2012-09029, 2013-00824

Brian McLaughlin, et al., respondents,

v Tony DeFalco, et al., appellants.

(Appeal No. 1)

Brian McLaughlin, et al., appellants,

v Tony DeFalco, et al., respondents.

(Appeal No. 2)

(Index No. 21414/06)

DECISION & ORDER ON MOTION

Motion by the plaintiffs to stay all proceedings in the above-entitled action pending hearing and determination of their appeal from an order of the Supreme Court, Nassau County, dated November 9, 2012, and to consolidate that appeal with the defendants' appeal from an order of the same court dated August 14, 2012.

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 to stay all proceedings is denied; 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]).

RIVERA, J.P., CHAMBERS, HALL and LOTT, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court