| Gray v Tri-State Consumer Insurance Company |
| Motion No: 2015-12445 |
| Slip Opinion No: 2016 NY Slip Op 88422(U) |
| Decided on October 14, 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
M219659
E/sl
RANDALL T. ENG, P.J.
CHERYL E. CHAMBERS
JEFFREY A. COHEN
JOSEPH J. MALTESE, JJ.
|
2015-12445, 2016-08129 Michelle Gray, respondent, v Tri-State Consumer Insurance Company, appellant. (Index No. 705510/13)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from so much of an order of the Supreme Court, Queens County, entered December 16, 2015, as denied the appellant's motion for summary judgment on the ground that that portion of the appeal has been rendered academic. Cross motion by the appellant to consolidate the appeal from the order entered December 16, 2015, with an appeal from an order of the same court entered July 28, 2016.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the motion and the cross motion are denied; and it is further,
ORDERED that on the Court's own motion the appeal will be calendared together and will be argued or submitted on the same date.
ENG, P.J., CHAMBERS, COHEN and MALTESE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court