Appellate Division: Second Judicial Department

M42458

E/nl

ANITA R. FLORIO, J.P.

ROBERT A. SPOLZINO

PETER B. SKELOS

ROBERT J. LUNN, JJ.

2005-04345 Ralph J. Fasano, appellant, v Theresa J. Fasano, respondent. (Index No. 28721/93)

DECISION & ORDER ON MOTION

Motion by the appellant to consolidate appeals from an order and an order and judgment (one paper) of the Supreme Court, Nassau County, dated April 11, 2005, and February 8, 2006, respectively, and, in effect, for leave to file a supplemental record instead of a full reproduced record on the appeal from the order and judgment (Appellate Division Docket No. 2006-02365).

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the branch of the motion which is to consolidate the appeals is denied; and it is further,

ORDERED that on the court's own motion, the appeals will be calendared together, and will be argued or submitted on the same day; and it is further,

ORDERED that the branch of the motion which is, in effect, for leave to file a supplemental record instead of a full reproduced record is granted to the extent that the appellant may file a record or appendix on the appeal from the order and judgment (Appellate Division Docket No. 2006-02365) which omits documents contained in the record on the appeal from the order (Appellate Division Docket No. 2005-04345), as long as the record or appendix on the appeal from the order and judgment lists the material which is contained in the record on the appeal from the order, and that branch of the motion is otherwise denied.

FLORIO, J.P., SPOLZINO, SKELOS and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court