| McAlwee v Westchester Health Associates, PLLC |
| Motion No: 2017-09841 |
| Slip Opinion No: 2017 NY Slip Op 93793(U) |
| Decided on November 30, 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
M242274
E/ct
CHERYL E. CHAMBERS, J.P.
SHERI S. ROMAN
ROBERT J. MILLER
COLLEEN D. DUFFY, JJ.
|
2017-09841 Mary V. McAlwee, respondent, v Westchester Health Associates, PLLC, et al., defendants, William B. Dieck, etc., appellant. (Index No. 52047/15)
| DECISION & ORDER ON MOTION |
2016-11661
Mary V. McAlwee, appellant, v Westchester
Health Associates, PLLC, et al., respondents.
(Index No. 52047/15)
Motion by William B. Dieck to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, dated June 29, 2017. Separate motion by Mary V. McAlwee, to stay the trial in the above-entitled action pending hearing and determination of the appeal from the order dated June 29, 2017, and an appeal from an order of the same court dated September 20, 2016, to consolidate the appeals, and for a preference in the calendaring of the appeals.
Upon the papers filed in support of the motion by William B Dieck and the papers filed in relation thereto, and upon the papers filed in support of the motion by Mary V. McAlwee and the papers filed in relation thereto, it is
ORDERED that the branches of the motions which are to stay the trial in the above-entitled action 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 motion by William B. Dieck, is otherwise denied; and it is further,
ORDERED that the branch of the motion by Mary V. McAlwee, which is to consolidate the appeals is denied; and it is further,
ORDERED that on the Court's own motion, the appeals will be calendared together and will be argued or submitted on the same date; and it is further,
ORDERED that the branch of the motion by Mary V. McAlwee, which is for a preference in the calendaring of the appeals is granted and the appeals will be calendared expeditiously.
CHAMBERS, J.P., ROMAN, MILLER and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court