Baviello v Patterson Auto Convenience Store, Inc.
Motion No: 2017-10063
Slip Opinion No: 2018 NY Slip Op 72274(U)
Decided on May 11, 2018
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M250014

E/afa

SANDRA L. SGROI, J.P.

JOSEPH J. MALTESE

FRANCESCA E. CONNOLLY

LINDA CHRISTOPHER, JJ.

2017-10063

Rosemarie Baviello, respondent,

v Patterson Auto Convenience Store, Inc.,

et al., appellants, et al., defendant.

(Index No. 672/15)

DECISION & ORDER ON MOTION

2018-01073

Rosemarie Baviello, respondent,

v Patterson Auto Convenience Store, Inc.,

et al., appellants, et al., defendant.

(Index No. 672/15)

Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of appeals from two orders of the Supreme Court, Dutchess County, dated July 12, 2017, and November 13, 2017, respectively, to enlarge the time to perfect the appeal from the order dated July 12, 2017, and to consolidate the appeals.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order dated July 12, 2017, is granted, and the appellant's time to perfect that appeal is enlarged until June 11, 2018; 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]); and it is further,

ORDERED that the motion is otherwise denied.

SGROI, J.P., MALTESE, CONNOLLY and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court