Appellate Division: Second Judicial Department

M221294

E/sl

L. PRISCILLA HALL, J.P.

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE

BETSY BARROS, JJ.

2016-11108 Serphin Maltese, etc., plaintiff-respondent, v Metropolitan Transportation Authority, et al., defendants-respondents, New York City Transit Authority, defendant third-party plaintiff-respondent, et al., defendants; Corato I Pizza & Restaurant Corp third-party defendant-appellant. (Index No. 16637/10)

DECISION & ORDER ON MOTION .,

2016-11109

Serphin Maltese, etc., plaintiff, v Metropolitan

Transportation Authority, et al., defendants,

New York City Transit Authority, defendant

third-party plaintiff, Greystone Corporate Realty

Services, defendant-respondent; Corato I Pizza &

Restaurant Corp., third-party defendant-appellant.

(Index No. 16637/10)

2016-11110

Serphin Maltese, etc., plaintiff-respondent,

v Metropolitan Transportation Authority, et al.,

defendants-respondents, New York City Transit

Authority, defendant third-party plaintiff-respondent,

et al., defendants; Corato I Pizza & Restaurant Corp.,

third-party defendant-appellant.

(Index No. 16637/10)

Motion by the third-party defendant-appellant to stay the trial in the above-entitled action pending hearing and determination of appeals from three orders of the Supreme Court, Queens County, dated September 7, 2016, and to consolidate the appeals.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

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]).

HALL, J.P., HINDS-RADIX, MALTESE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court