Appellate Division: Second Judicial Department

M283130

MB/

COLLEEN D. DUFFY, J.P.

ANGELA G. IANNACCI

ROBERT J. MILLER

JOSEPH A. ZAYAS, JJ.

2021-01848 Richard Bennett, etc., et al., respondents, v State Farm Fire and Casualty Company, et al., defendants, Lewis Oil Company, Inc., et al., appellants. (Index No. 10385/2013)

DECISION & ORDER ON MOTION

2021-04404

Richard Bennett, etc., et al., respondents,

v State Farm Fire and Casualty Company,

et al., defendants, Creative Landscaping

by Cow Bay, Inc., appellant.

(Index No. 10385/2013)

Appeals from two orders of the Supreme Court, Nassau County, entered February 16, 2021, and dated June 2, 2021. Motion by the appellant Zurich American Insurance Company to stay the trial in the above-entitled action, pending hearing and determination of the appeal from the order entered February 16, 2021. Separate motion by the appellants Lewis Oil Company, Inc., Champion Energy Corp., and Zurich American Insurance Company to strike stated portions of the respondents' brief filed in Docket No. 2021-01848 on the ground that they refer to matter dehors the record. Separate motion by the appellant Creative Landscaping by Cow Bay, Inc., to stay the trial in the above-entitled action, pending hearing and determination of the appeal from the order dated June 2, 2021. Separate motion by the appellant Creative Landscaping by Cow Bay, Inc., to consolidate the appeals.

Upon the papers filed in support of the motion by the appellant Zurich American Insurance Company to stay the trial in the above-entitled action, pending hearing and determination of the appeal from the order entered February 16, 2021, and the papers filed in opposition thereto, upon the papers filed in support of the motion by the appellants Lewis Oil Company, Inc., Champion Energy Corp., and Zurich American Insurance Company to strike stated portions of the respondents' brief filed in Docket No. 2021-01848 on the ground that they refer to matter dehors the record and the papers filed in opposition thereto, upon the papers filed in support of the motion by Creative Landscaping by Cow Bay, Inc., to stay the trial in the above-entitled action, pending hearing and determination of the appeal from the order dated June 2, 2021, and the papers filed in opposition thereto, and upon the papers filed in support of the motion by Creative Landscaping by Cow Bay, Inc., to consolidate the appeals and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion by the appellant Zurich American Insurance Company to stay the trial in the above-entitled action, pending hearing and determination of the appeal from the order entered February 16, 2021, is denied; and it is further,

ORDERED that the motion by the appellants Lewis Oil Company, Inc., Champion Energy Corp., and Zurich American Insurance Company to strike stated portions of the respondents' brief filed in Docket No. 2021-01848 on the ground that they refer to matter dehors the record is granted, the brief filed by the respondents in Docket No. 2021-01848 is stricken, and on or before June 21, 2022, the respondents shall serve a replacement brief which does not refer to matter dehors the record; and it is further,

ORDERED that the motion by Creative Landscaping by Cow Bay, Inc., to stay the trial in the above-entitled action, pending hearing and determination of the appeal from the order dated June 2, 2021, is denied; and it is further,

ORDERED that the motion by Creative Landscaping by Cow Bay, Inc., to consolidate the appeals is denied; and it is further,

ORDERED that on the Court's own motion, the appeals will be calendared together and will be argued or submitted on the same date.

DUFFY, J.P., IANNACCI, MILLER and ZAYAS, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court