| Anthony Lomenzo v Peter Susczynski d/b/a Exoticar Coach Works, Inc. |
| Motion No: 2006-00523 DC |
| Slip Opinion No: 2007 NYSlipOp 64368(U) |
| Decided on February 27, 2007 |
| Appellate Term, 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 TERM: 9th and 10th JUDICIAL DISTRICTS
| ANTHONY LOMENZO, Respondent, -against- PETER SUSCZYNSKI d/b/a EXOTICAR COACH WORKS, INC., Appellant. ---------------------------------------------------------------------------------x ANTHONY LOMENZO, Respondent, -against- JEFF PALMERO d/b/a INTERNATIONAL MOTOR CAR REPAIRS INC., Appellant. |
DECISION
That branch of the motion by appellant seeking to vacate the order of this court, dated September 12, 2006, dismissing appeal no. 2006-523 D C, is granted.
That branch of the motion seeking to consolidate appeal no. 2006-523 D C with appeal no. 2005-1792 D C, is also granted and the consolidated appeal shall be perfected under appeal no. 2005-523 D C.
That branch of the motion requesting that the previously filed appellant's brief be deemed an amended appellant's brief denied, and an amended appellant's brief
containing the correct caption for the consolidated appeal shall be served and filed within 21 days of the date of the order hereon.
Respondent. If he be so advised, may serve and file a respondent's brief within 14 days of the date that the amended appellant's brief is due to be filed pursuant to this order.
Appellant, if he be so advised, may serve and file a reply brief within 10 days of the date that the respondent's brief is due to be filed pursuant to this order.