Appellate Division: Second Judicial Department

M43223

A/mv

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

FRED T. SANTUCCI

REINALDO E. RIVERA, JJ.

2006-04308, 2006-06526 In the Matter of Harvey S. (Anonymous), appellant; Jurij Savyckj, etc., respondent. (Index No. SU-06-003143)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Rockland County, dated April 24, 2006 (Appellate Division Docket No. 2006-06526), for a preference in the calendaring of the appeal, for leave to proceed on the original papers, and to calendar this appeal with an appeal from an order of the same court, also dated April 24, 2006 (Appellate Division Docket No. 2006-04308).

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 for a preference in the calendaring of the appeal (Appellate Division Docket No. 2006-06526) is granted, and the appeal shall be calendared when fully perfected; and it is further,

ORDERED that the branch of the motion which is for leave to proceed on the original papers is granted, and the appeal (Appellate Division Docket No. 2006-06526) shall be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the branch of the motion which is to calendar the appeals together is granted, and the appeals shall be calendared together and argued or submitted on the same day.

PRUDENTI, P.J., MILLER, SANTUCCI and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court