Appellate Division: Second Judicial Department

M203882

E/sl

MARK C. DILLON, J.P.

SHERI S. ROMAN

SANDRA L. SGROI

ROBERT J. MILLER, JJ.

2015-11204, 2015-11205, 2015-11206 Ryszard Otachel, respondent, v MSK Management, LLC, et al., appellants. (Index No. 427/13)

DECISION & ORDER ON MOTION

Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of appeals from three orders of the Supreme Court, Kings County, dated April 29, 2015, July 22, 2015, and September 23, 2015, respectively, and to consolidate the appeals.

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

ORDERED that on the Court's own motion, the appeal from so much of the order dated September 23, 2015, as denied the branch of the appellants' motion which was to compel the respondent to appear for an additional examination before trial and to respond to additional questions is dismissed, without costs or disbursements as that portion of the order is not appealable as of right and leave to appeal has not been granted (see Braverman v Bendiner & Schlesinger, Inc., 85 AD3d 1074); and it is further,

ORDERED that the branch of the motion which is to stay the trial is denied; 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]).

DILLON, J.P., ROMAN, SGROI and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court