Opinion
2020-07148 2020-08306 2021-02784
07-19-2021
Marc A. Pergament, etc., et al., respondents, v. 1210 Troy Schenectady Road, LLC, et al., appellants, et al., defendant. (Index No. 618769/2019) 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) 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)
REINALDO E. RIVERA, J.P. BETSY BARROS VALERIE BRATHWAITE NELSON DEBORAH A. DOWLING, JJ.
DECISION & ORDER ON MOTION
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.