| Pergament v 1210 Troy Schenectady Road, LLC |
| Motion No: 2020-07148 |
| Slip Opinion No: 2021 NY Slip Op 69127(U) |
| Decided on July 19, 2021 |
| 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
M278249
E/sl
REINALDO E. RIVERA, J.P.
BETSY BARROS
VALERIE BRATHWAITE NELSON
DEBORAH A. DOWLING, JJ.
|
2020-07148 Marc A. Pergament, etc., et al., respondents, v 1210 Troy Schenectady Road, LLC, et al., appellan et al., defendant. (Index No. 618769/2019)
| DECISION & ORDER ON MOTION ts, |
2020-08306
Frank J. Gaetano, plaintiff-respondent, v 1210 Troy
Schenectady Road, LLC, et al., defendants-appellants,
Starbucks Corporation, defendant third-party plaintiff-
appellant, et al., defendant; Lane-Valente Industries, Inc.,
third-party defendant-respondent.
(Index No. 17114/2015)
2021-02784
Frank J. Gaetano, plaintiff-respondent, v 1210 Troy
Schenectady Road, LLC, et al., defendants-appellants,
Starbucks Corporation, defendant third-party plaintiff-
respondent, et al., defendant; Lane-Valente Industries, Inc.,
third-party defendant-appellant.
(Index No. 17114/2015)
Appeals from three orders of the Supreme Court, Suffolk County, two dated August 26, 2020, and one dated March 29, 2021. Joint motion by 1210 Troy Schenectady Road, LLC., Richard Rosetti, LLC, Starbucks Corporation, and Lane-Valente Industries, Inc., to consolidate the appeals and for a briefing schedule.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is to consolidate the the appeal under Appellate Division Docket No. 2020-07148 with the appeals under Appellate Division Docket Nos. 2020-08306 and 2021-02784, is denied; and it is further,
ORDERED that the branch of the motion which is to consolidate the appeals under Appellate Division Docket Nos. 2020-08306 and 2021-02784 is denied as unnecessary, as those appeals may be consolidated as of right (see 22 NYCRR 1250.9[f][3]); and it is further,
ORDERED that on the Court's motion, the appeals will be calendared together and will be argued or submitted on the same date; and it is further,
ORDERED that the branch of the motion which is to fix a briefing schedule is granted to the extent that the time to perfect the appeals under Appellate Division Docket Nos. 2020-07148 and 2020-08306 is extended until August 18, 2021, and that branch of the motion is otherwise denied.
RIVERA, J.P., BARROS, BRATHWAITE NELSON and DOWLING, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court