Moray v UFS Industries, Inc., doing business as Sally Sher
Motion No: 2016-00543
Slip Opinion No: 2016 NY Slip Op 66936(U)
Decided on March 10, 2016
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

M207901

E/sl

L. PRISCILLA HALL, J.P.

JEFFREY A. COHEN

HECTOR D. LASALLE

FRANCESCA E. CONNOLLY, JJ.

2016-00543

Joseph N. Moray, respondent, v UFS Industries,

Inc., doing business as Sally Sherman Foods,

Inc., appellant.

(Index No. 55645/14)

2016-00545

USA Recycling, Inc., respondent, v UFS

Industries, Inc., individually and doing

business as Sally Sherman Foods, Inc.,

et al., appellants.

(Index No. 50129/14)

DECISION & ORDER ON MOTION

Motion by the appellants, inter alia, to stay all proceedings in the above-entitled actions, pending hearing and determination of appeals from two orders of the Supreme Court, Westchester County, both dated January 6, 2016, 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 the branch of the motion which is to stay all proceedings is granted, and all proceedings in the above-entitled actions are stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before April 11, 2016; and it is further,

ORDERED that in the event the appeals are not perfected on or before April 11, 2016, the Court, on its own motion, may vacate the stay, without further notice, or the respondent 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 granted, and the parties shall file 10 copies of the record or appendix and their respective briefs; and it is further,

ORDERED that the motion is otherwise denied.

HALL, J.P., COHEN, LASALLE and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court