Opinion
Motion Nos. 2022-03886 2022-04083 Index Nos. 452219/18 150590/22 Case Nos. 2022-01905 2022-01985 2022-02843
11-15-2022
Sherry Concepcion,Plaintiff-Appellant, v. Leesel Transportation Corp., Selby Transportation Corp. and Webster Development Corp., Inc.,Defendants-Respondents, Sherry Concepcion, Plaintiff-Respondent, v. Leesel Transportation Corp., Selby Transportation Corp., and Webster Development Corp.,Defendants-Appellants.
Unpublished Opinion
MOTION DECISION
Present - Hon. Cynthia S. Kern, Ellen Gesmer Peter H. Moulton Martin Shulman Julio Rodriguez III, Justice Presiding, Justices.
Appeals having been taken to this Court in Action No. 1, from two separate orders of the Supreme Court, New York County, entered on or about November 26, 2021 (Case No. 2022-01985), and January 14, 2022 (Case No. 2022-01905), and said appeals having been jointly perfected under Case No. 2022-01905, And an appeal having been taken to this Court in Action No. 2, from an order of the same court and justice, entered on or about June 9, 2022 (Case No. 2022-02843), and said appeal having been perfected, And plaintiff-appellant having moved to consolidate the appeals filed under Case Nos. 2022-01905 and 2022-01985 with defendant's appeal filed under Case No. 2022-02843 (M-2022-03886),
And defendant-appellant having cross moved under Case No. 2022-01905 to dismiss the appeals filed in Action No. 1 (M-2022-04083), Now, upon reading and filing the papers with respect to the motion and cross motion, and due deliberation having been had thereon, It is ordered that plaintiff-appellant's motion to consolidate the appeals in both actions is granted to the extent of scheduling the appeals to be heard on the same day pursuant to 22 NYCRR 1250.9[f][4] and otherwise the motion is denied (M-2022-03886), and
It is further ordered that defendant-appellant's cross motion to dismiss the appeals in Action No. 1 is denied without prejudice to raising the arguments therein on appeal (M-2022-04083).