| Dependable HCS, LLC v Dependable Home Care, Inc. |
| Motion No: 2018-09076 |
| Slip Opinion No: 2018 NY Slip Op 80947(U) |
| Decided on August 21, 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. |
Appellate Division: Second Judicial Department
M254327
E/mm
MARK C. DILLON, J.P.
SANDRA L. SGROI
JOSEPH J. MALTESE
FRANCESCA E. CONNOLLY, JJ.
|
2018-09076 Dependable HCS, LLC, respondent, v Dependable Home Care, Inc., appellant. (Index No. 513083/18)
| DECISION & ORDER ON MOTION |
2018-09078, 2018-09079
Dependable HCS, LLC, respondent,
v Dependable Home Care, Inc., appellant.
(Index No. 513083/18)
Motion by the appellant (1) for leave to appeal to this Court from an order to show cause of the Supreme Court, Kings County, dated June 27, 2018, and two orders of the same court dated June 27, 2018, and July 18, 2018, respectively, (2) to stay enforcement of a temporary restraining order contained in the order to show cause and to stay enforcement of the orders dated June 27, 2018, and July 18, 2018, pending hearing and determination of the appeals, and (3) to consolidate the appeals from the order to show cause and the order dated June 27, 2018, with the appeal from the order dated July 18, 2018.
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 for leave to appeal is granted; and it is further,
ORDERED that the branch of the motion which is to stay enforcement of the temporary restraining order contained in the order to show cause dated June 27, 2018, and the orders dated June 27, 2018, and July 18, 2018, is granted to the extent that enforcement of the temporary restraining order contained in the order to show cause, the order dated June 27, 2018, and the portion of the order dated July 18, 2018, which is labeled as provisions "(1)" and "(2)" is stayed pending hearing and determination of the appeals or determination of the underlying motion for a preliminary injunction initiated by the order to show cause, whichever occurs first, and that branch of the motion is otherwise denied; 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]).
DILLON, J.P., SGROI, MALTESE and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court