Russell v River Manor Corp.
Motion No: 2019-00756
Slip Opinion No: 2019 NY Slip Op 64709(U)
Decided on March 6, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M260748

E/mm

ALAN D. SCHEINKMAN, P.J.

MARK C. DILLON

JOSEPH J. MALTESE

HECTOR D. LASALLE, JJ.

2019-00756

Marilyn Russell, etc., appellant,

v River Manor Corp., respondent,

et al., defendants.

(Index No. 606029/16)

DECISION & ORDER ON MOTION

2019-00759

Marilyn Russell, etc., appellant,

v River Manor Corp., et al., defendants,

Kingsbrook Jewish Medical Center, respondent.

(Index No. 606029/16)

Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of appeals from two orders of the Supreme Court, Nassau County, both entered December 26, 2018, 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 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 April 5, 2019; and it is further,

ORDERED that in the event the appeals are not perfected on or before April 5, 2019, 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 1250.9[f][3]).

SCHEINKMAN, P.J., DILLON, MALTESE and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court