Lofstad v S & R Fisheries, Inc.
Motion No: 2006-11920
Slip Opinion No: 2007 NYSlipOp 71712(U)
Decided on June 18, 2007
Appellate Division, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M55845

E/sl

HOWARD MILLER, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

STEVEN W. FISHER, JJ.

2006-11920

Raymond Lofstad, et al., plaintiffs-respondents-

appellants, v S & R Fisheries, Inc., et al.,

defendants-respondents-appellants, Shinnecock

Inlet Development Corp., et al., respondents,

Vogt Tube, Inc., et al., appellants-respondents

(and other titles).

(Action No. 1)

(Index No. 8644-04)

Alfred Richard Havel, plaintiff-respondent, v

S & R Fisheries, Inc., et al., defendants, Ice Lease

Partners, Ltd., et al., appellants.

(Action No. 2)

(Index No. 5586-04)

(Appeal No. 1)

2007-03082

Raymond Lofstad, et al., plaintiffs,

v S & R Fisheries, Inc., et al., defendants.

(and other titles)

(Action No. 1)

(Index No. 8644-04)

Richard Alfred Havel, respondent,

v S & R Fisheries, Inc., et al., appellants.

(Action No. 2)

(Index No. 5586-04)

(Appeal No. 2)

2007-04107

Raymond Lofstad, et al., respondents,

v S & R Fisheries, Inc., et al., defendants,

Robert Soleau, et al., appellants

(and other titles).

(Index Nos. 8644-04, 5586-04)

(Appeal No. 3)

DECISION & ORDER ON MOTION

Motion by the appellants S & R Fisheries, Inc., and Robert Soleau, in effect, to consolidate an appeal from an order of the Supreme Court, Suffolk County, dated November 17, 2006, with appeals from two orders of the same court dated January 22, 2007, and February 2, 2007, respectively.

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

ORDERED that the motion is granted, and the parties shall perfect the appeals from the orders dated January 22, 2007, and February 2, 2007, on a supplemental record, which, along with the record on appeal for the appeal from the order dated November 17, 2006, will be the record on appeal for all three appeals, on condition that on or before July 13, 2007, the appellants on those appeals file the supplemental record and briefs containing arguments pertaining to the appeals from the orders dated January 22, 2007, and February 2, 2007.

MILLER, J.P., RITTER, GOLDSTEIN and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court