Jose Silverio v Ford Motor Company & Samuel R. Gaines .

Motion No: M-8481

Slip Opinion No: 2020 NYSlipOp 60362(U)

Decided on January 9, 2020

Appellate Division, First 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.

January 9, 2020

Jose Silverio,

Plaintiff-Appellant,

v

Ford Motor Company & Samuel R. Gaines,

Defendants-Respondents.

Separate appeals having been taken to this Court by defendants from a judgment of the Supreme Court, Bronx County, entered on or about July 5, 2019, and by plaintiff from two orders of the Supreme Court, Bronx County, entered on or about October 15, 2019, granting defendants' motion to vacate the aforesaid judgment, and on or about October 30, 2019, denying plaintiff's motion to deem any requirement that he submit to an independent medical examination (IME) waived and granting defendants' motion to compel plaintiff to undergo an IME, And plaintiff having moved to consolidate the aforementioned appeals, and to stay enforcement of the aforesaid orders and all proceedings in the trial court pending hearing and determination of the consolidated appeals, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the branch of the motion seeking to consolidate plaintiff's appeals from the orders entered on or about October 15, 2019 and on or about October 30, 2019 is granted. Plaintiff it is permitted to prosecute the consolidated appeals from the aforesaid orders upon an original, five hard copies and, if represented by counsel, one digital copy of a single record and brief, pursuant to Section 1250.9 of the Practice Rules of the Appellate Division, and It is further ordered that the branch of the motion seeking to consolidate defendants' appeal from the judgment entered on or about July 5, 2019, with plaintiff's appeals from the orders entered on or about October 15, 2019 and on or about October 30, 2019, is denied, without prejudice to renew, if necessary, and It is further ordered that the branch of the motion seeking to stay enforcement of the aforementioned orders entered on or about October 15, 2019 and on or about October 30, 2019, and all proceedings before the trial court, pending hearing and determination of the consolidated appeals is denied. ENTERED: January 9, 2020

_____________________ CLERK

Present - Hon. Rosalyn H. Richter, Justice Presiding, Judith J. Gische Cynthia S. Kern Anil C. Singh, Justices

M-8481

Index No. 302990/12