| Dewinkeleer v Portland Stoneware Packaging Co., Inc. |
| Motion No: 2018-12934 |
| Slip Opinion No: 2019 NY Slip Op 61705(U) |
| Decided on January 29, 2019 |
| 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
M259582
E/afa
REINALDO E. RIVERA, J.P.
RUTH C. BALKIN
LEONARD B. AUSTIN
ROBERT J. MILLER, JJ.
|
2018-12934, 2018-12936, 2019-00752 Sally Dewinkeleer, et al., plaintiffs-respondents, v Portland Stoneware Packaging Co., Inc., et al., defendants third-party plaintiffs-appellants, Portland Stone Ware Co., Inc., defendant-appellant, Dennis Richmond, et al., defendants-respondents, et al., defendants; Eastern Excavation, third-party defendant-respondent. (Index No. 51982/16)
| DECISION & ORDER ON MOTION |
Motion by the defendants third-party plaintiffs-appellants and the defendant-appellant to stay the trial in the above-entitled action pending hearing and determination of appeals from two orders of the Supreme Court, Dutchess County, both dated October 4, 2018, and a judgment of the same court entered January 3, 2019, 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 to stay all proceedings is 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 have been consolidated as of right (see 22 NYCRR 1250.9[f][3]).
RIVERA, J.P., BALKIN, AUSTIN and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court