Appellate Division: Second Judicial Department

M52727

E/sl

STEPHEN G. CRANE, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

MARK C. DILLON, JJ.

2006-06270, 2007-02155 Mintz & Gold, LLP, respondent, v Penny Fern Hart, appellant. (Index No. 18178/05)

DECISION & ORDER ON MOTION

Motion by the appellant to hold in abeyance an appeal from an order of the Supreme Court, Nassau County, dated May 23, 2006, to calendar that appeal on the same day as an appeal from an order of the same court dated January 23, 2007, for leave to amend her brief to add a "Questions Presented" section, and to direct the respondent to add a "Counterstatement of Questions Presented."

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that the appeals shall be heard together, and shall be argued or submitted on the same day; and it is further,

ORDERED that on or before April 13, 2007, the appellant shall insert a "Questions Presented" section, in the form appended to her motion papers as Exhibit D, into the copies of her brief on file with the Clerk of the court; and it is further,

ORDERED that on or before April 27, 2007, the respondent shall insert a "Counterstatement of Questions Presented" section into the copies of its brief on file with the Clerk of the court.

CRANE, J.P., KRAUSMAN, GOLDSTEIN and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court