| Matter of Piesco v Hollihan |
| Motion No: 2005-10814 +1 |
| Slip Opinion No: 2006 NYSlipOp 75029(U) |
| Decided on September 6, 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
M44005
O/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
WILLIAM F. MASTRO
ROBERT J. LUNN, JJ.
|
2005-10814, 2006-04244 In the Matter of Frederick E. Piesco, Jr., et al., appellants, v Margaret Hollihan, etc., et al., respondents. (Action No. 1) (Index No. 2840/05) In the Matter of Frederick E. Piesco, Jr., et al., appellants, v Margaret Hollihan, etc., et al., respondents. (Action No. 2) (Index No. 8128/05)
| DECISION & ORDER ON MOTION |
Motion by the appellants to consolidate appeals from two judgments of the Supreme Court, Rockland County, dated October 14, 2005 (Appellate Division Docket No. 2005-10814), and March 24, 2006 (Appellate Division Docket No. 2006-04244), respectively, for leave to supplement the appendix to include documents inadvertently omitted from the appendix submitted to the Clerk of this court, and to enlarge the time to perfect the appeal from the judgment dated October 14, 2005, and cross applications by the respondents to strike the appendix on the ground it is incomplete.
Upon the papers filed in support of the motion and the cross applications, and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to consolidate the appeals is granted; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the judgment dated October 14, 2005, is granted; and it is further,
ORDERED that the appellants' time to perfect the appeal from the judgment dated October 14, 2005, is enlarged until October 6, 2006, and the joint appendix on the appeals and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that the parties shall file 10 copies of the joint appendix and 10 copies of their respective briefs; and it further,
ORDERED that the branch of the motion which is for leave to supplement the appendix is denied as unnecessary, as the original appendix was rejected; and it is further,
ORDERED that the cross applications to strike the appendix are denied without prejudice to making a formal motion (see CPLR 8022[b]), if necessary, once the appeal is perfected.
FLORIO, J.P., KRAUSMAN, GOLDSTEIN, MASTRO and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court