| Pinelawn Cemetery v Coastal Distribution, LLC |
| Motion No: 2008-02472 |
| Slip Opinion No: 2009 NYSlipOp 70059(U) |
| Decided on April 20, 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. |
Appellate Division: Second Judicial Department
M85480
E/cb
REINALDO E. RIVERA, J.P.
MARK C. DILLON
ARIEL E. BELEN
L. PRISCILLA HALL, JJ.
|
2008-02472, 2009-02839
Pinelawn Cemetery, appellant, v Coastal Distribution, LLC, et al., respondents. (Index No. 8599-04)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to consolidate appeals from two orders of the Supreme Court, Suffolk County, dated January 8, 2008, and February 19, 2009, respectively.
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 to the extent that the appeals will be calendared together and will be argued or submitted on the same day, the briefs to be filed in connection with the appeal from the order dated February 19, 2009 (Appellate Division Docket No. 2009-02839), may refer to the record filed in connection with the appeal from the order dated January 8, 2008 (Appellate Division Docket No. 2008-02472), and the appellant may perfect the appeal from the order dated February 19, 2009, upon a supplemental record containing any additional documents necessary to perfect that appeal, and the motion is otherwise denied; and it is further,
ORDERED that the respondents' time to serve and file briefs with respect to the appeal from the order dated January 8, 2008 (Appellate Division Docket No. 2008-02472), is enlarged until May 20, 2009, and the respondents briefs, if any, must be served and filed on or before that date; and it is further,
ORDERED that the respondents shall file separate briefs with respect to the appeal from the order dated January 8, 2008, and the appeal from the order dated February 19, 2009, but may refer to the record filed in connection with the appeal from the order dated January 8, 2008, in the brief filed in connection with the appeal from the order dated February 19, 2009; and it is further,
ORDERED that the appellant shall file separate reply briefs with respect to the appeal from the order dated January 8, 2008, and the appeal from the order dated February 19, 2009, but may refer to the record filed in connection with the appeal from the order dated January 8, 2008, in the reply brief filed in connection with the appeal from the order dated February 19, 2009
RIVERA, J.P., DILLON, BELEN and HALL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court