| Deutsch, as administrator of estate of Deutsch v Grunwald, |
| Motion No: 2016-08094 |
| Slip Opinion No: 2016 NY Slip Op 84984(U) |
| Decided on September 9, 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. |
Appellate Division: Second Judicial Department
M217890
E/afa
RANDALL T. ENG, P.J.
JOHN M. LEVENTHAL
SYLVIA O. HINDS-RADIX
FRANCESCA E. CONNOLLY, JJ.
|
2016-08094, 2016-08095 Yehuda Deutsch, as administrator of the estate of Jessie Deutsch, respondent, v Cheskel Grunwald, as administrator of the estate of Pessy Grunwald, et al., appellants, et al., defendants. (Index No. 38947/06)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of appeals from two orders of the Supreme Court, Kings County, dated June 24, 2016, and June 29, 2016, respectively, for a preference in the calendaring of the appeals, pursuant to CPLR 5520 to extend the time to file the notices of appeals from the orders, 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 the trial is granted, and the trial in the above-entitled action is stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before October 11, 2016; and it is further,
ORDERED that in the event the appeals are not perfected on or before October 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 pursuant to CPLR 5520 to extend the time to file the notices of appeals from the orders, which were timely served, is granted and the appellants shall file the notices of appeals and file proof of filing on or before September 19, 2016; and it is further,
ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals can be consolidated as of right (see 22 NYCRR 670.7 [c]); and it is further,
ORDERED that the motion is otherwise denied.
ENG, P.J., LEVENTHAL, HINDS-RADIX and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court