Appellate Division: Second Judicial Department

M254567

E/mm

ALAN D. SCHEINKMAN, P.J.

LEONARD B. AUSTIN

ROBERT J. MILLER

FRANCESCA E. CONNOLLY, JJ.

2018-09306 Richard Bennett, et al., respondents, v State Farm Fire and Casualty Company, et al., defendants, Creative Landscaping by Cow Bay, Inc., appellant (and other titles). (Index No. 10385/13)

DECISION & ORDER ON MOTION

2018-09307

Richard Bennett, et al., plaintiffs-respondents,

v State Farm Fire and Casualty Company,

et al., defendants, Creative Landscaping

by Cow Bay, Inc., appellant, Lewis Oil Company,

et al., defendants-respondents (and other titles).

(Index No. 10385/13)

Motion by the appellant for leave to appeal to this Court from two orders of the Supreme Court, Nassau County, both entered July 17, 2018, to stay the trial in the above-entitled action pending hearing and determination of the appeals, and 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 for leave to appeal is denied as unnecessary as the orders are appealable as of right (see CPLR 5701); and it is further,

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 on condition that the appeals are perfected on or before September 26, 2018; and it is further,

ORDERED that in the event the appeals are not perfected on or before September 26, 2018, the Court, on its own motion, may vacate the stay, without further notice, or the respondent 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 is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]).

SCHEINKMAN, P.J., AUSTIN, MILLER and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court