Appellate Division: Second Judicial Department

M35733

T/nal

THOMAS A. ADAMS, J.P.

FRED T. SANTUCCI

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2005-08238, 2005-09138 George A. Cruci, plaintiff-respondent, v General Electric Company, et al., defendants third-party plaintiffs-appellants; L.J. Coppola, Inc., third-party defendant-respondent. (Index No. 4410/03)

DECISION & ORDER ON MOTION

Motion by the defendants third-party plaintiffs-appellants on appeals from two orders of the Supreme Court, Orange County, dated July 20, 2005 (Appellate Division Docket No. 2005-08238), and August 10, 2005 (Appellate Division Docket No. 2005-09138), respectively, for leave to serve and file an abbreviated record on the appeal from the order dated August 10, 2005, that omits material contained in the record already filed on the appeal from the order dated July 20, 2005, and to calendar the appeals on the same day.

Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is

ORDERED that the branch of the motion which is to calendar the appeals on the same day is granted, the appeals shall be heard together, and shall be argued or submitted on the same day; and it is further,

ORDERED that the branch of the motion which is for leave to serve and file an abbreviated record on the appeal from the order dated August 10, 2005, is granted, the appellant shall serve and file an abbreviated record on the appeal from the order dated August 10, 2005, which omits the material contained in the record already filed on the appeal from the order dated July 20, 2005, and the appellant shall indicate in the record on the appeal from the order dated August 10, 2005, the page numbers in the record on the appeal from the order dated July 20, 2005, that contain the material which has been omitted.

ADAMS, J.P., SANTUCCI, RIVERA and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court