Appellate Division: Second Judicial Department

M56031

E/sl

STEPHEN G. CRANE, J.P.

DAVID S. RITTER

MARK C. DILLON

EDWARD D. CARNI, JJ.

2006-07630, 2006-07817, 2007-04457 Merkos L' Inyonei Chinuch, Inc., respondent, et al., plaintiff, v Mendel Sharf, et al., defendants, Congregation Lubavitch, Inc., appellant. (Appeals Nos. 1 & 2) Merkos L' Inyonei Chinuch, Inc., respondent-appellant, et al., plaintiff, v Mendel Sharf, et al., defendants, Congregation Lubavitch, Inc., appellant-respondent. (Appeal No. 3) (Index No. 40288/06)

DECISION & ORDER ON MOTION

Motion by Congregation Lubavitch, Inc., to consolidate appeals from an order and judgment (one paper) of the Supreme Court, Kings County, dated June 19, 2006, and an order of the same court dated June 30, 2006, with an appeal and cross appeal from an order of the same court dated March 27, 2007, and, in effect, for leave to file a joint supplemental record, which along with the record filed on the appeals from the order and judgment and the order dated June 30, 2006, shall be deemed to be the joint record on the consolidated appeals and cross appeal.

Upon the papers filed in support of the motions and the stipulation of the parties dated June 5, 2007, it is

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

ORDERED that the appeals and cross appeal are consolidated, and the joint supplemental record and the record filed on the appeals from the order and judgment and the order dated June 30, 2006, shall be deemed to be the joint record on the consolidated appeals and cross appeal; and it is further,

ORDERED that on or before July 30, 2007, the Congregation Lubavitch, Inc. shall perfect its appeal from the order dated March 27, 2007, by serving and filing its brief and the joint supplemental record.

CRANE, J.P., RITTER, DILLON and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court