Mark Caputo Sean Coughlin Independent v Robert Stack Onyekachi Ifudu M.D. Chika Oguagha M.D. Brooklyn Dialysis

Motion No: M-2484

Slip Opinion No: 2020 NYSlipOp 70588(U)

Decided on August 27, 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.

August 27, 2020

Mark Caputo, Sean Coughlin, Independent

Renal Associates Holdings, Inc.,

Clarence Waltrous, M.D.,

Petitioners-Respondents,

v

Robert Stack, Onyekachi Ifudu, M.D.,

Chika Oguagha, M.D., Brooklyn Dialysis

LLC, Westbury Medical Group, P.C.,

Respondents-Appellants,

Midwood Chayim Aruchim Dialysis

Associates, Inc., Gennady Kiselman,

Ilana Kiselman & Michael Shtern,

Respondents-Respondents.

Appeals having been taken from a judgment of the Supreme Court, New York County, entered on or about July 13, 2020 (Case No. 2020-03135), and from an order, same court, entered on or about March 16, 2020 (Case No. 2020-02961), And respondents-appellants having moved to consolidate the aforesaid appeals, and to stay all further proceedings in this matter, including enforcement of the money judgment entered on or about July 13,2020, pending hearing and determination of the appeal taken therefrom, 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 a discretionary stay pending appeal, without the posting of an undertaking, is denied, and the interim relief granted by an order of a Justice of this Court, dated July 24, 2020, is hereby vacated. The appeals are consolidated as of right (see 22 NYCRR 1250.9[f][3]). ENTERED: August 27, 2020

_____________________ CLERK

PRESENT: Hon. Barbara R. Kapnick, Justice Presiding, Cynthia S. Kern Anil C. Singh Peter H. Moulton Lizbeth GonzÁlez, Justices

M-2484

Index No. 656772/19