Lepore v Town of Greenburgh
Motion No: 2013-08074
Slip Opinion No: 2014 NY Slip Op 64093(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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M169711

E/sl

THOMAS A. DICKERSON, J.P.

CHERYL E. CHAMBERS

LEONARD B. AUSTIN

SANDRA L. SGROI, JJ.

2013-08074, 2014-00784

Angela Lepore, et al., respondents,

v Town of Greenburgh, et al., appellants.

(Index No. 10-7350)

DECISION & ORDER ON MOTION

Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of appeals from two orders of the Supreme Court, Westchester County, entered June 10, 2013, and December 5, 2013, respectively, and to consolidate the appeals.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to stay the trial is granted, and the trial in the above-entitled action is stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before March 19, 2014; and it is further,

ORDERED that in the event the appeals are not perfected on or before March 19, 2014, the Court, on its own motion, may vacate the stay, without further notice, or the respondents may move to vacate the stay, on three days notice; 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]).

DICKERSON, J.P., CHAMBERS, AUSTIN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court