Toorak v 384 So. 5th
Motion No: 2023-06023
Slip Opinion No: 2023 NY Slip Op 73499(U)
Decided on September 18, 2023
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

M291121

AFA/

COLLEEN D. DUFFY, J.P.

ROBERT J. MILLER

PAUL WOOTEN

LAURENCE L. LOVE, JJ.

2023-06023

Toorak, respondent, v 384 So. 5th, et al.,

appellants, et al., defendant.

(Index No. 514117/2022)

DECISION & ORDER ON MOTION

2023-06025

Toorak Capital Partners, LLC, etc., respondent,

v 384 So. 5th, LLC, et al., appellants, et al.,

defendant.

(Index No. 514117/2022)

Appeals from two orders of the Supreme Court, Kings County, dated May 2, 2023, and May 17, 2023, respectively. Motion by the appellants to consolidate the appeals, and to stay all proceedings in the above-entitled action, pending hearing and determination 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 to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 1250.9[f][3]); and it is further,

ORDERED that the branch of the motion which is to stay all proceedings is denied.

DUFFY, J.P., MILLER, WOOTEN and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court