SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS

PRESENT: ARONIN, J.P., PATTERSON and GOLIA, JJ.

NO. 2003-756 Q C
STEPHEN FOGEL PSYCHOLOGICAL, PC
Assignee of KIM CHOY CHONG,

Respondent,

-against-

PROGRESSIVE CASUALTY INSURANCE
COMPANY,

Appellant.

DECISION

That branch of the motion by defendant-appellant and that branch of the cross motion by plaintiff-respondent seeking reargument are granted and, upon reargument, denied.

That branch of the motion and that branch of the cross motion seeking leave to appeal to the Appellate Division granted.

Aronin, J.P., taking no part.

_______________________________

Associate Justice, Appellate Term

_______________________________

Associate Justice, Appellate Term





SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS

PRESENT: PATTERSON, J.P., GOLIA and RIOS, JJ.

NOS. 2004-1273 K C and
2005-277 K C
ARTHUR SICKLER,

Respondent,

-against-

ENVIRONMENTAL PROTECTION DEPARTMENT
OF THE CITY OF NEW YORK,

Appellants,

-and-

NAB CONSTRUCTION CO.,

Defendant.

-------------------------------------------------------------------------------------x
CITY OF NEW YORK,

Third-Party Plaintiff-Appellant,
-against-

AC&S, INSULATION CORP.,

Third-Party Defendant-Respondent.

DECISION

That branch of the motion by defendant-third-party plaintiff-appellant City of New York seeking an enlargement of time to perfect Appeal No. 2005-277 K C granted, on condition that it be perfected by September 2, 2005; otherwise, said branch of motion denied.

That branch of the motion seeking to consolidate Appeal No. 2004-1273 K C and Appeal No. 2005-277 K C granted, and the consolidated appeal shall be referred to hereinafter as Appeal No. 2004-1273 K C.

Cross motion by defendant-respondent NAB Construction Co. seeking to dismiss Appeal No. 2004-1273 K C and Appeal No. 2005-277 K C denied.

Cross motion by third-party defendant-respondent AC&S, Insulation Corp. seeking to dismiss Appeal No. 2005-277 K C denied.





SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS

PRESENT: PATTERSON, J.P., GOLIA and RIOS, JJ.

NOS. 2004-1273 K C and
2005-277 K C
ARTHUR SICKLER,

Respondent,

-against-

THE CITY OF NEW YORK,
ENVIRONMENTAL PROTECTION DEPARTMENT
OF THE CITY OF NEW YORK,

Appellant,

-and-

NAB CONSTRUCTION CO.,

Defendant.

-------------------------------------------------------------------------------------x
CITY OF NEW YORK,

Third-Party Plaintiff-Appellant,
-against-

AC&S, INSULATION CORP.,

Third-Party Defendant-Respondent.

DECISION

That branch of the motion by defendant-third-party plaintiff-appellant City of New York seeking an enlargement of time to perfect Appeal No. 2005-277 K C granted, on condition that it be perfected by September 2, 2005; otherwise, said branch of motion denied.

That branch of the motion seeking to consolidate Appeal No. 2004-1273 K C and Appeal No. 2005-277 K C granted, and the consolidated appeal shall be referred to hereinafter as Appeal No. 2004-1273 K C.

Cross motion by defendant-respondent NAB Construction Co. seeking to dismiss Appeal No. 2004-1273 K C and Appeal No. 2005-277 K C denied.

Cross motion by third-party defendant-respondent AC&S, Insulation Corp. seeking to dismiss Appeal No. 2005-277 K C denied.