Appellate Division: Second Judicial Department

M67819

E/sl

STEVEN W. FISHER, J.P.

DAVID S. RITTER

MARK C. DILLON

WILLIAM E. McCARTHY, JJ.

2007-07301, 2007-11526 Sheila George, et al., plaintiffs-appellants- respondents, v Marshalls of MA, Inc., et al., defendants-appellants-respondents, Sullivan Service Co., Inc., etc., et al., defendants- respondents-appellants. (Appeal No. 1) Sheila George, et al., respondents, v Marshalls of MA, Inc., et al., American Industrial Cleaning Co., Inc., appellant. (Appeal No. 2) (Index No. 5127/02)

DECISION & ORDER ON MOTION

Motion by American Industrial Cleaning Co., Inc., to consolidate an appeal and cross appeals from an order of the Supreme Court, Nassau County, entered June 28, 2007, with an appeal from an order of the same court entered November 9, 2007, and for leave to perfect the appeal from the order entered November 9, 2007 (Appellate Division Docket No. 2007-11526), using the joint record on appeal submitted in connection with the appeal and cross appeals from the order entered June 28, 2007 (Appellate Division Docket No. 2007-07301), supplemented by a record containing the papers submitted in connection with the motion that resulted in the order entered November 9, 2007.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to consolidate the appeal and cross appeals from the order entered June 28, 2007, with the appeal from the order entered November 9, 2007, is granted to the extent that the appeals and cross appeals will be calendared together, and will be argued or submitted on the same day, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the motion which is for leave to perfect the appeal from the order entered November 9, 2007 (Appellate Division Docket No. 2007-11526), using the joint record on appeal submitted in connection with the appeal and cross appeals from the order entered June 28, 2007 (Appellate Division Docket No. 2007-07301), supplemented by a record containing the papers submitted in connection with the order entered November 9, 2007, is granted and American Industrial Cleaning Co., Inc., may perfect the appeal from the order entered November 9, 2007, with a supplemental record containing only the papers submitted to the Supreme Court, Nassau County, in connection with the motion that resulted in the order entered November 9, 2007, without duplicating the papers contained in the joint record submitted in connection with the appeal and cross appeals from the order entered June 28, 2007, and the briefs filed in connection with the appeal from the order entered November 9, 2007, may refer to the joint record filed in connection with the appeal and cross appeals from the order entered June 28, 2007; and it is further,

ORDERED that the appeal from the order entered November 9, 2007 (Appellate Division Docket No. 2007-11526), shall be perfected on or before May 12, 2008, and the record on that appeal and the appellant's brief must be served and filed on or before that date.

FISHER, J.P., RITTER, DILLON and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court