| Kanterakis v Kanterakis |
| Motion No: 2013-03303 |
| Slip Opinion No: 2014 NY Slip Op 64088(U) |
| Decided on February 19, 2014 |
| 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
M169693
E/sl
THOMAS A. DICKERSON, J.P.
CHERYL E. CHAMBERS
LEONARD B. AUSTIN
SANDRA L. SGROI, JJ.
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2013-03303, 2014-00159 Nickolaos Kanterakis, appellant-respondent, v Emily Kanterakis, et al., respondents, N. Richard Wool, et al., respondents-appellants. (Appeal No. 1)
Nickolaos Kanterakis, plaintiff-respondent, v Emily Kanterakis, defendant, N. Richard Wool, et al., appellants, Bernard S. Duffy, defendant-respondent. (Appeal No. 2)
(Index No. 18650/10)
| DECISION & ORDER ON MOTION |
Motion by the N. Richard Wool, Alissa Joy Wool, Law Offices of N. Richard Wool, and Wool Law Group, PLLC, to stay the trial in the above-entitled action, pending hearing and determination of an appeal and cross appeal from an order of the Supreme Court, Nassau County, dated February 4, 2013, and an appeal from an order of the same court entered October 28, 2013, and to consolidate the appeals and cross appeal. Separate motion by Bernard S. Duffy to strike Point II of the brief filed by N. Richard Wool, Alissa Joy Wool, Law Offices of N. Richard Wool, and Wool Law Group, PLLC, in connection with the appeal and cross appeal from the order dated February 4, 2013, on the ground that it improperly raises arguments for the first time on appeal.
Upon the papers filed in support of the motion to stay the trial and to consolidate the appeals and cross appeal and the papers filed in relation thereto, and upon the papers filed in support of the motion to strike Point II and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the appeals and cross appeal will be calendared together and will be argued or submitted on the same date; and it is further,
ORDERED that the motion to stay the trial and to consolidate the appeals and cross appeal is denied; and it is further,
ORDERED that the motion to strike Point II of the brief filed by N. Richard Wool, Alissa Joy Wool, Law Offices of N. Richard Wool, and Wool Law Group, PLLC, is held in abeyance and referred to the panel of Justices hearing the appeals and cross appeal for determination upon the argument or submission thereof.
DICKERSON, J.P., CHAMBERS, AUSTIN and SGROI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court