Appellate Division: Second Judicial Department

M50337

E/sl

FRED T. SANTUCCI, J.P.

GLORIA GOLDSTEIN

EDWARD D. CARNI

WILLIAM E. McCARTHY, JJ.

2006-05744, 2007-00326 Vincent J. Faulkner, Jr., et al., respondents, v City of New York, et al., appellants. (Index No. 20550/04)

DECISION & ORDER ON MOTION

Motion by the appellants for leave to withdraw a brief filed on an appeal from an order of the Supreme Court, Queens County, dated April 27, 2006, and for leave to serve and file a supplemental brief raising issues on that appeal as well as an appeal from an order of the same court dated September 26, 2006, to consolidate the appeals, and for leave to file a supplemental record containing the order dated September 26, 2006, as well as the papers that were submitted to the Supreme Court, Queens County, on the motion which resulted in the order.

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 motion is granted; and it is further,

ORDERED that on or before March 7, 2007, the appellant shall serve and file the replacement brief and supplemental record, which, along with the record filed in connection with the appeal from the order dated April 27, 2006, shall be deemed to be the record and brief for both appeals.

SANTUCCI, J.P., GOLDSTEIN, CARNI and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court