Appellate Division: Second Judicial Department

M40050

S/sl

HOWARD MILLER, J.P.

GLORIA GOLDSTEIN

ROBERT A. SPOLZINO

MARK C. DILLON, JJ.

2005-07602, 2006-02201, 2006-02202 Michael McDonald, respondent, v Eric D. Mauss, defendant, Consolidated Edison Company of New York, Inc., appellants-respondents (and a third-party action). (Index No. 31189/02)

DECISION & ORDER ON MOTION

Motion by the respondent on appeals by (1) Consolidated Edison Company of New York from an order of the Supreme Court, Queens County, dated June 6, 2005 (Appellate Division Docket No. 2006-02201), (2) Tri-Messine Construction Co. from an order of the same court, also dated June 6, 2005 (Appellate Division Docket No. 2005-07602) and (3) Safeway Construction Enterprises, Inc., from an order of the same court also dated June 6, 2005 (Appellate Division Docket No. 2006-02202), to amend the caption of the joint record on appeal and to strike material from the joint record on the ground that it is dehors the record. Cross motion by Tri-Messine Construction Co. to enlarge the record on appeal to include the material which the respondent claims is dehors the record.

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

ORDERED that the branch of the motion which is to amend the caption is granted and the caption of the above entitled appeals is amended as indicated above; and it is further,

ORDERED that the branch of the motion which is to strike portions of the joint record and the cross motion are referred to the panel of Justices hearing the appeals for determination upon the argument or submission of the appeals.

MILLER, J.P., GOLDSTEIN, SPOLZINO and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court