Domitrz v Dupont Street Senior Housing Development Fu
Motion No: 2014-05112
Slip Opinion No: 2015 NY Slip Op 61566(U)
Decided on January 20, 2015
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

M186068

E/sl

MARK C. DILLON, J.P.

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE

BETSY BARROS, JJ.

2014-05112

Witold Domitrz, plaintiff-respondent,

v Dupont Street Senior Housing Development

Fund Corporation, appellant, Gold Shield

Security & Investigation, Inc., et al.,

defendants-respondents

(and a third-party action).

(Index No. 150/11)

DECISION & ORDER ON MOTION

2014-05591, 2015-00225

Witold Domitrz, plaintiff-respondent, v Dupont

Street Senior Housing Development Fund

Corporation, defendant-respondent, Gold Shield

Security & Investigation, Inc., et al., appellants.

(Index No. 150/11)

Motion by Dupont Street Senior Housing Development Fund Corporation to stay the trial in the above-entitled action, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated April 25, 2014. Separate motion by Witold Domitrz to consolidate the appeal from the order dated April 25, 2014, with appeals from two orders dated April 8, 2014, and October 24, 2014, respectively, and to enlarge the time to serve and file briefs.

Upon the papers filed in support of the motion by Dupont Street Senior Housing Development Fund Corporation and the papers filed in opposition thereto, and upon the papers filed in support of the motion by Witold Domitrz and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion by Dupont Street Senior Housing Development Fund Corporation is denied; and it is further,

ORDERED that the branch of the motion by Witold Domitrz which is to consolidate the appeals is denied; and it is further,

ORDERED that the branch of the motion by Witold Domitrz which is to enlarge the time to serve and file briefs is granted, Witold Domitrz's time to serve and file separate briefs with respect to each appeal is enlarged until February 19, 2015; 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.

DILLON, J.P., HINDS-RADIX, MALTESE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court