Appellate Division: Second Judicial Department

M172148

E/sl

REINALDO E. RIVERA, J.P.

CHERYL E. CHAMBERS

LEONARD B. AUSTIN

COLLEEN D. DUFFY, JJ.

2013-02070, 2014-00838, 2014-01824 Stephan B. Gleich, appellant-respondent, v Stephen J. Haenel, et al., respondents- appellants. (Appeal Nos. 1, 2) Stephan B. Gleich, appellant, v Stephen J. Haenel, et al., respondents. (Appeal No. 3) (Index No. 10266/12)

DECISION & ORDER ON MOTION

Motion by Stephan B. Gleich, inter alia, to consolidate an appeal and cross appeal from an order of the Supreme Court, Nassau County, dated January 2, 2013, an appeal and cross appeal from an order of the same court entered October 22, 2013, and an appeal from an order of the same court entered December 17, 2013. Application by Stephen J. Haenel and Iceland Incorporated to withdraw their cross appeal from the order entered October 22, 2013.

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

ORDERED that the application is granted and the cross appeal from the order entered October 22, 2013, is marked withdrawn; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals from the orders entered October 22, 2013, and December 17, 2013, is denied as unnecessary as those appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]); and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that on the Court's own motion, the appeal and cross appeal from the order dated January 2, 2013, and the appeals from the orders entered October 22, 2013, and December 17, 2013, will be calendared together and will be argued or submitted on the same date.

RIVERA, J.P., CHAMBERS, AUSTIN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court