Appellate Division: Second Judicial Department

M219563

E/afa

RUTH C. BALKIN, J.P.

L. PRISCILLA HALL

BETSY BARROS

VALERIE BRATHWAITE NELSON, JJ.

2014-08193 Sara Markowits, et al., appellants, v Barry Friedman, et al., respondents, et al., defendants. (Index No. 502667/13)

DECISION & ORDER ON MOTION

2015-04111

Sara Markowits, et al., appellants,

v Barry Friedman, et al., respondents,

et al., defendants.

(Index No. 502667/13)

2016-05946, 2016-09051

Barry Friedman, etc., respondent,

Alexander Markowits, et al., appellants.

(Index No. 601153/15)

Motion by Alexander Markowits to stay all proceedings in the above-entitled action Friedman v Markowits, pending hearing and determination of appeals from two orders of the Supreme Court, Kings County, dated June 16, 2014, and March 12, 2015, respectively, and two orders of the Supreme Court, Nassau County, entered May 25, 2016, and August 23, 2016, respectively, to consolidate the appeals or calendar them together, and, in effect, for a preference in the calendaring of the appeals from the orders entered May 25, 2016, and August 23, 2016.

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 consolidate the appeals from the orders entered May 25, 2016, and August 23, 2016, is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]); and it is further,

ORDERED that the branch of the motion which is to calendar together the appeals from the orders dated June 16, 2014, and March 12, 2015, is denied as unnecessary; and it is further,

ORDERED that the motion is otherwise denied.

BALKIN, J.P., HALL, BARROS and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court