Appellate Division: Second Judicial Department

M53443

E/sl

GABRIEL M. KRAUSMAN, J.P.

STEVEN W. FISHER

ROBERT A. LIFSON

RUTH C. BALKIN, JJ.

2006-06470, 2007-02143 Betty Jean Trahan, appellant, v Emanuel Galea, et al., defendants-respondents; Laureen Buchanan, nonparty-respondent. (Index No. 9758/05)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to consolidate an appeal from an order of the Supreme Court, Nassau County, dated May 8, 2006, with an appeal from an order of the same court entered January 19, 2007, and for leave to serve and file a supplemental record and brief, which along with the record and brief filed on the appeal from the order dated May 8, 2006 (Appellate Division Docket No. 2006-06470), shall be deemed to be the record and brief on both appeals.

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 the appeals are consolidated, the record and brief filed in connection with the appeal from the order dated May 8, 2006, and any supplemental record and brief to be filed in connection with the appeal from the order entered January 19, 2007, are deemed to be the record and brief on both appeals; and it is further,

ORDERED that on or before May 18, 2007, the appellant shall serve and file (1) a supplemental record containing the papers submitted to the Supreme Court, Nassau County, in connection with the summary judgment motions determined by the order entered January 19, 2007 and (2) a supplemental brief; and it is further,

ORDERED that the respondents shall serve and file their respective supplemental briefs in response to the supplemental brief filed by the appellant, if any, on or before June 18, 2006, and the appellant shall serve and file her supplemental reply brief, if any, on or before June 28, 2006.

KRAUSMAN, J.P., FISHER, LIFSON and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court