| Riglioni v Chambers Ford Tractor Sales, Inc. |
| Motion No: 2005-08243 +1 |
| Slip Opinion No: 2006 NYSlipOp 65559(U) |
| Decided on March 24, 2006 |
| 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. |
Appellate Division: Second Judicial Department
M37659
T/sl
ANITA R. FLORIO, J.P.
HOWARD MILLER
THOMAS A. ADAMS
PETER B. SKELOS, JJ.
|
2005-08243, 2006-01746 Thomas Riglioni, plaintiff-respondent, v Chambers Ford Tractor Sales, Inc., defendant third-party plaintiff respondent-appellant, Congdon Associates Distributing Co., defendant third-party defendant appellant-respondent, et al., defendants. (Index No. 3757/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent for leave to consolidate appeals from two orders of the Supreme Court, Orange County, dated June 23, 2004 (Appellate Division Docket No. 2006-01746), and May 25, 2005 (Appellate Division Docket No. 2005-08243), respectively, to stay the trial in the above-entitled action pending hearing and determination of the appeals, and, in effect, to deem the record filed in connection with the appeal from the order dated May 25, 2005, to also be the record on the appeal from the order dated June 23, 2004, along with any necessary supplemental record.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the branches of the motion which are for leave to consolidate the appeals and, in effect, to deem the record on the appeal from the order dated May 25, 2005, to also be the record on the appeal from the order dated June 23, 2004, are granted; on or before April 24, 2006, the appellant-respondent shall serve and file a supplemental record containing the notice of appeal from the order dated June 23, 2004 (Appellate Division Docket No. 2006-01746), and a brief raising the issues on appeal from that order; the record filed in connection with the appeal from the order dated May 25, 2005, along with the supplemental record to be filed, is deemed to be the record on both appeals; and it is further,
ORDERED that the respondents shall serve and file their respective briefs on the appeal from the order dated June 23, 2004, on or before May 30, 2006; and it is further,
ORDERED that the reply brief on the appeal from the order dated June 23, 2004, if any, shall be served and filed on or before June 14, 2006; and it is further,
ORDERED that the branch of the motion which is to stay the trial pending hearing and determination of the appeals is denied.
FLORIO, J.P., MILLER, ADAMS and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court