Appellate Division: Second Judicial Department

M181484

E/sl

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

SANDRA L. SGROI

BETSY BARROS, JJ.

2014-00872, 2014-06748 Abraham Glass, respondent, v Evolution Markets, Inc., et al., appellants, et al., defendants. (Index No. 13-58681)

DECISION & ORDER ON MOTION

Motion by the respondent to consolidate appeals from two orders of the Supreme Court, Westchester County, dated October 31, 2013, and July 3, 2014, respectively, to hold the appeals in abeyance pending the trial of the above-entitled action, and to enlarge the time to serve and file a brief on the appeal from the order dated October 31, 2013. Separate motion by the appellants to strike the brief filed by the respondent in connection with the order dated October 31, 2013, or stated portions of that brief, and for an award of costs and an attorney's fee.

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

ORDERED that the branch of the respondent's motion which is to enlarge the time to serve and file a brief on the appeal from the order dated October 31, 2013, is denied as academic; and it is further,

ORDERED that the branch of the appellants' motion which is to strike the brief filed by the respondent in connection with the order dated October 31, 2013, or stated portions of that brief is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the motions are otherwise denied; and it is further,

ORDERED that on the Court's own motion, the appeals will be calendared together and will be argued or submitted on the same date.

BALKIN, J.P., LEVENTHAL, SGROI and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court