| Roye, administrator of the estate of McGlashen v Gelberg |
| Motion No: 2017-01389 |
| Slip Opinion No: 2017 NY Slip Op 71714(U) |
| Decided on April 26, 2017 |
| 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
M230013
E/ct
RANDALL T. ENG, P.J.
MARK C. DILLON
L. PRISCILLA HALL
SHERI S. ROMAN, JJ.
|
2017-01389, 2017-02770 Vinton Roye, as administrator of the estate of Thelma McGlashen, etc., appellant, v Burt W. Gelberg, etc., et al., respondents. (Index No. 25479/12)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of appeals from two orders of the Supreme Court, Queens County, entered November 28, 2016, and March 9, 2017, respectively, and to consolidate the appeals.
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 stay the trial is granted, and the trial in the above-entitled action is stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before May 25, 2017; and it is further,
ORDERED that in the event the appeals are not perfected on or before May 25, 2017, the Court, on its own motion, may vacate the stay, without further notice, or the respondents may move to vacate the stay, on three days notice; 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]).
ENG, P.J., DILLON, HALL and ROMAN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court