Appellate Division: Second Judicial Department

M52483

E/sl

HOWARD MILLER, J.P.

DAVID S. RITTER

JOSEPH COVELLO

WILLIAM E. McCARTHY, JJ.

2006-04422, 2006-11936, 2006-11938, 2007-00277 Millennium Falcon Corp., respondent, v WRD Sales, Inc., et al., appellants. (Appeals Nos. 1, 2, 4) (Index No. 3897/05) In the Matter of Worldwide Papers, LLC. WRD Sales, Inc., appellant; Millennium Falcon Corp., respondent. (Appeal No. 3) (Index No. 875/05)

DECISION & ORDER ON MOTION

Motion by the appellants (1) to consolidate appeals from an order of the Supreme Court, Nassau County, dated March 28, 2006 (Appellate Division Docket No. 2006-04422), and two judgments of the same court entered May 24, 2006 (Appellate Division Docket No. 2006-11936), and December 2, 2005 (Appellate Division Docket No. 2007-00277), respectively, to deem the record and brief filed in connection with the appeal from the order dated March 28, 2006, to also be the record and brief on the appeals from the judgments entered May 24, 2006, and December 2, 2005, along with a supplemental record and supplemental brief, and (2) to consolidate those appeals with an appeal from an order of the same court dated November 13, 2006 (Appellate Division Docket No. 2006-11938).

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 appeals from the order dated March 28, 2006 (Appellate Division Docket No. 2006-04422), and two judgments entered May 24, 2006 (Appellate Division Docket No. 2006-11936), and December 2, 2005 (Appellate Division Docket No. 2007-00277), respectively, is granted, and on or before April 30, 2007, the appellants shall file a supplemental record containing the additional papers constituting the record on the appeals from the judgments and a supplemental brief containing the appellants' arguments on those appeals; and it is further,

ORDERED that on or before May 30, 2007, the respondent shall serve and file a supplemental brief in response to the appellants' supplemental brief; and it is further,

ORDERED that the appellants' reply brief, if any, shall be served and filed on or before June 15, 2007; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals from the order dated March 28, 2006, and the judgments with the appeal from the order dated December 14, 2006 (Appellate Division Docket No. 2006-11938), is denied.

MILLER, J.P., RITTER, COVELLO and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court