Appellate Division: Second Judicial Department

M233012

E/ct

MARK C. DILLON, J.P.

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE, JJ.

2016-12069, 2017-05377 Kimberly Rivera, et al., respondents, v 203 Chestnut Realty Corp., defendant, Delco Painting Corp., appellant. (Index No. 150561/14)

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, Richmond County, dated November 2, 2016, and May 9, 2017, respectively, and, in effect, 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 denied; and it is further,

ORDERED that the branch of the motion which is, in effect, to consolidate the appeals is granted, on or before September 15, 2017, the appellant shall serve and file a supplemental appendix containing the order dated May 9, 2017, the notice of appeal from the order dated May 9, 2017, and the motion papers submitted to the Supreme Court, Richmond County, which resulted in the order dated May 9, 2017, as well as a supplemental brief raising issues relating to the appeal from the order dated May 9, 2017; and it is further,

ORDERED that on or before October 19, 2017, the respondent shall serve and file a supplemental brief, and or before November 3, 2017, the appellant shall serve and file a supplemental reply brief.

DILLON, J.P., MILLER, HINDS-RADIX and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court