| Longhi, as administratrix of the estate of Longhi, deceased v Lewit |
| Motion No: 2016-11130 |
| Slip Opinion No: 2017 NY Slip Op 85634(U) |
| Decided on September 12, 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
M237171
E/sl
WILLIAM F. MASTRO, J.P.
LEONARD B. AUSTIN
COLLEEN D. DUFFY
LINDA CHRISTOPHER, JJ.
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2016-11130 Maryann Longhi, as administratrix of the estate of Richard Longhi, deceased, appellant-respondent, v Harvey Lewit, etc., et al., respondents, Michael S. Canter, et al., respondents-appellants, et al., defendants. (Index No. 58508/13)
| DECISION & ORDER ON MOTION |
2017-00797, 2017-06410
Maryann Longhi, as administratrix of the estate
of Richard Longhi, deceased, appellant,
v Harvey Lewit, etc., et al., respondents,
et al., defendants.
(Index No. 58508/13)
Motion by Maryann Longhi to stay the trial in the above-entitled action pending hearing and determination of an appeal and cross appeals from an order of the Supreme Court, Westchester County, dated September 30, 2016, and appeals from a judgment of the same court dated December 21, 2016, and an order of the same court dated May 19, 2017, to consolidate the appeals and cross appeals, and to enlarge the time to perfect the appeals from the order dated September 30, 2016, and the judgment.
Upon the papers filed in support of the motion and the papers filed in opposition and in relation 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 and cross appeals on condition that the appeals are perfected on or before November 13, 2017; and it is further,
ORDERED that in the event the appeals are not perfected on or before November 13, 2017, the Court, on its own motion, may vacate the stay, without further notice, or the respondents-appellants 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 and cross appeals is denied as unnecessary as the appeals and cross appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]); and it is further,
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeals from the order dated September 30, 2016, and the judgment is granted, and the time to perfect those appeals is enlarged until November 13, 2017.
MASTRO, J.P., AUSTIN, DUFFY and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court