Appellate Division: Second Judicial Department

M227655

E/sl

LEONARD B. AUSTIN, J.P.

ROBERT J. MILLER

HECTOR D. LASALLE

FRANCESCA E. CONNOLLY, JJ.

2014-11352 Debra Betz, etc., respondent, v Arnold W. Blatt, et al., appellants. (Index No. 58938/11)

DECISION & ORDER ON MOTION

2016-08436

Debra Betz, etc., respondent, v Arnold W.

Blatt, defendant, Anthony J. Pieragostini,

et al., appellants.

(Index No. 58938/11)

Motion by the appellant Anthony J. Pieragostini on appeals from two orders of the Supreme Court, Westchester County, dated December 4, 2014, and July 27, 2016, respectively, inter alia, for leave to reargue his prior motion to stay the trial in the above-entitled action, pending hearing and determination of the appeals, which was determined by decision and order on motion of this Court dated February 2, 2017, and for a preference in the calendaring of the appeals. Separate motion by the appellants George A. Sirignano, Jr., and Enea, Scanlan & Sirignano, LLP, inter alia, for leave to reargue that branch of their prior motion which was to stay the trial in the above-entitled action, pending hearing and determination of the appeals, which also was determined in the decision and order on motion of this Court dated February 2, 2017, and for a preference in the calendaring of the appeals.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion by the appellant Anthony J. Pieragostini which is for leave to reargue his prior motion to stay the trial and the branch of the motion by the appellants George A. Sirignano, Jr., and Enea, Scanlan & Sirignano, LLP, which is for leave to reargue that branch of their prior motion which was for the same relief are granted, so much of the decision and order on motion of this Court dated February 2, 2017, as denied the prior motion by the appellant Anthony J. Pieragostini and the branch of the prior motion by the appellants George A. Sirignano, Jr., and Enea, Scanlan & Sirignano, LLP, which were to stay the trial is recalled and vacated, upon reargument, the prior motion by the appellant Anthony J. Pieragostini and the branch of the prior motion by the appellants George A. Sirignano, Jr., and Enea, Scanlan & Sirignano, LLP, which were to stay the trial are granted, and the trial in the above-entitled action is stayed pending hearing and determination of the appeals; and it is further,

ORDERED that the branches of the motions which are for a preference in the calendaring of the appeals are granted, and the appeals will be calendared expeditiously; and it is further,

ORDERED that the motions are otherwise denied.

AUSTIN, J.P., MILLER, LASALLE and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court