Cesarz v O'Reilly
Motion No: 2018-13398
Slip Opinion No: 2019 NY Slip Op 66329(U)
Decided on March 26, 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

M261447

J/mm

CHERYL E. CHAMBERS, J.P.

HECTOR D. LASALLE

ANGELA G. IANNACCI

LINDA CHRISTOPHER, JJ.

2018-13398, 2019-01137

Angela Cesarz, appellant, v Barbara

O'Reilly, et al., respondents, et al., defendant.

(Index No. 66960/16)

DECISION AND ORDER ON MOTION

Motion by the appellant to stay the trial on the issue of damages in the above-entitled action pending hearing and determination of appeals from two orders of the Supreme Court, Westchester County, dated October 29, 2018, and January 7, 2019, respectively, to consolidate the appeals, and for a preference in the calendaring of 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 a stay is granted and the trial on the issue of damages in the above-entitled action is stayed pending hearing and determination of the appeals; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is denied as academic, as the appeals have been perfected on a consolidated record; and it is further,

ORDERED that the motion is otherwise denied.

CHAMBERS, J.P., LASALLE, IANNACCI and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court