Grand Pacific Finance Corp. v 97-111 Hale, LLC
Motion No: 2012-09465
Slip Opinion No: 2013 NY Slip Op 85115(U)
Decided on September 12, 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

M162133

E/nl

PETER B. SKELOS, J.P.

L. PRISCILLA HALL

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX, JJ.

2012-09465, 2013-06073

Grand Pacific Finance Corp., plaintiff/counterclaim

defendant-appellant, v 97-111 Hale, LLC, et al.,

defendants/counterclaim plaintiffs/crossclaim

plaintiffs-respondents, et al., defendants; Financial

One Group, crossclaim defendants-appellants.

(Appeal No. 1)

Grand Pacific Finance Corp., plaintiff/counterclaim

defendant-appellant, v 97-111 Hale, LLC, et al.,

defendants/counterclaim plaintiffs/crossclaim

plaintiffs-respondents, et al., defendants; Financial

One Group, et al., crossclaim defendants, Global One

Corp., et al., crossclaim defendants-appellants.

(Appeal No. 2)

(Index No. 09-8084)

DECISION & ORDER ON MOTION

Motion by the plaintiff/counterclaim defendant-appellant, Grand Pacific Finance Corp., to stay the trial in the above-entitled action pending hearing and determination of appeals from an order of the Supreme Court, Westchester County, entered September 27, 2012, and an order of the same court dated March 28, 2013, or, in the alternative, for a preference in the calendaring of the appeals from the order entered September 27, 2012, and to consolidate the appeals from the two orders or to calendar the appeals together. Separate motions by the cross claim defendants-appellants 366 Madison, Inc., and Michael Lin, the cross claim defendant-appellant United Asian Funds, LLC, and the cross claim defendant-appellant Belton Lee to stay the trial in the above-entitled action pending hearing and determination of the appeals from the order entered September 27, 2012.

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

ORDERED that the branch of the motion which is to stay the trial and the separate motions for that relief are 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 calendar the appeals together is granted, and the appeals from the two orders will be calendared together and will be argued or submitted on the same day; and it is further,

ORDERED that the motion by the plaintiff/counterclaim defendant-appellant is otherwise denied.

SKELOS, J.P., HALL, COHEN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court