Greenstone/Fontana Corporation v Feldstein
Motion No: 2008-07733
Slip Opinion No: 2009 NYSlipOp 68741(U)
Decided on April 6, 2009
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

M84770

E/cb

HOWARD MILLER, J.P.

DANIEL D. ANGIOLILLO

RANDALL T. ENG

LEONARD B. AUSTIN, JJ.

2008-07733, 2009-01148, 2009-02255

Greenstone/Fontana Corporation, etc.,

plaintiff/counterclaim defendant-appellant,

v Neil Feldstein, etc., et al., respondents;

Topline Advertising, Inc., et al., counterclaim

defendants-appellants.

(Appeal No. 1)

Greenstone/Fontana Corporation, etc.,

plaintiff/counterclaim defendant-respondent,

v Neil Feldstein, etc., et al., respondents-appellants;

Topline Advertising, Inc., counterclaim defendant-

respondent, Jeanne Fontana, et al., counterclaim

defendants-appellants-respondents.

(Appeal No. 2)

Greenstone/Fontana Corporation, etc.,

plaintiff/counterclaim defendant-respondents,

v Neil Feldstein, etc., et al., appellants;

Topline Advertising, Inc., et al., counterclaim

defendants-respondents.

(Appeal No. 3)

(Index No. 19510/06)

DECISION & ORDER ON MOTION

Motion by Neil Feldstein, Neil Buick Corporation, Neil Lincoln-Mercury/Hyundai Corporation, Worldwide Automotive, LLC, and Worldwide Automotive III, LLC, (1) in effect, to consolidate appeals from two orders of the Supreme Court, Nassau County, entered June 30, 2008, and February 24, 2009, respectively, and an appeal and cross appeal from an order of the same court entered December 11, 2008, and (2) for leave to file a supplemental record containing certain documents.

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 motion is granted, and it is further,

ORDERED that on or before April 17, 2009, the movants shall serve and file a supplemental record containing the following documents: notice of appeal, dated February 27, 2009; Request for Appellate Division Intervention; order dated February 24, 2009; notice of motion dated August 8, 2008; supporting affirmation dated August 8, 2008, and exhibits, if any; opposing papers to the supporting affirmation dated August 8, 2008, if any; and reply affirmation dated September 25, 2008.

MILLER, J.P., ANGIOLILLO, ENG and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court