Stp Assoc., LLC v Nelson Hess Et Al.
Motion No: 2013-01298 nc
Slip Opinion No: 2014 NY Slip Op 60273(U)
Decided on January 7, 2014
Appellate Term, 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 Term of the Supreme Court

of the State of New York for the 9th & 10th judicial Districts

FRANCIS A. NICOLAI, P.J.

HECTOR D. LaSALLE

BRUCE E. TOLBERT, JJ.

DECISION & ORDER ON MOTION

2013-1298 N C
STP Associates, LLC, Respondent, v Nelson Hess et al., Appellants.

Lower Court # L & T 706-11

STP Associates, LLC, Respondent, v Marcy Rappaport

et al., Appellants.

Appellate Term Docket No.

2013-1299 N C

Lower Court # L & T 2152-11

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Motions by respondent in the above-entitled appeals from final judgments of the District Court of Nassau County, First District, entered January 31, 2013, for leave to reargue its opposition to appellant's prior motion for stays, which was determined by decision and order on motion of this court dated September 19, 2013, or, in the alternative, for leave to appeal to the Appellate Division from the September 19, 2013 decision and order on motion of this court, and for a preference in the calendaring of the appeals. Separate motions by respondent to vacate the stays.

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

ORDERED, on the court's own motion, that the above-entitled appeals are consolidated for the purpose of disposition of respondent's motions; and it is further,

ORDERED, on the court's own motion, that respondent's motions are consolidated for purposes of disposition; and it is further,

ORDERED that respondent's motions for leave to reargue or, in the alternative, for leave to appeal to the Appellate Division, and for a preference in the calendaring of the appeals are denied; and it is further,

ORDERED that respondent's motions to vacate the stays are granted and the stays are vacated.

ENTER:

Paul Kenny

Chief Clerk