Vassar College v Marshall & Sterling, Inc.
Motion No: 2014-11624
Slip Opinion No: 2016 NY Slip Op 92798(U)
Decided on November 29, 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

M222079

E/sl

MARK C. DILLON, J.P.

L. PRISCILLA HALL

SYLVIA O. HINDS-RADIX

VALERIE BRATHWAITE NELSON, JJ.

2014-11624, 2016-06576, 2016-11300

Vassar College, et al., respondents,

v Marshall & Sterling, Inc., appellant.

(Index No. 5644/13)

DECISION & ORDER ON MOTION

Motion by the appellant to consolidate an appeal from an order of the Supreme Court, Dutchess County, dated October 6, 2014, with appeals from two orders of the same court dated May 17, 2016, and October 3, 2016, respectively, or, to calendar the appeals together, and for a preference in the calendaring of 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 consolidate the appeals is denied; and it is further,

ORDERED that the branch of the motion which is to calendar the appeals together is granted, the appeal from the order dated October 6, 2014, will heard together with the appeals from two orders of the same court dated May 17, 2016, and October 3, 2016, and the appeals will argued or submitted on the same date; and it is further,

ORDERED that the branch of the motion which is for a preference in the calendaring of the appeals is denied.

DILLON, J.P., HALL, HINDS-RADIX and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court