Appellate Division: Second Judicial Department

M86098

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ROBERT A. SPOLZINO, J.P.

JOSEPH COVELLO

DANIEL D. ANGIOLILLO

THOMAS A. DICKERSON, JJ.

2008-05259, 2009-00828, 2009-03607 Anthony Shallash, et al., appellants, v New Island Hospital, et al., respondents. (Index No. 5267/01)

DECISION & ORDER ON MOTION

Motion by the respondent New Island Hospital on appeals from two orders of the Supreme Court, Nassau County, entered May 15, 2008, and January 8, 2009, respectively, and a judgment of the same court entered April 2, 2009, inter alia, to consolidate the appeals from the orders and the judgment. Separate motion by the respondent Anthony Carlisi for leave to reargue and to renew its prior motion to dismiss the appeal from the order entered May 15, 2008, which was held in abeyance by decision and order on motion of this court dated March 11, 2009, or, alternatively, to consolidate the appeals from the orders and the judgment. Cross motion by the appellants to hear the three appeals together, and for leave to perfect their appeal from the judgment without further briefs and with the submission of an appendix consisting of the notice of appeal from the judgment and the judgment.

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

ORDERED that the motions are denied; and it is further,

ORDERED that the branch of the cross motion which is to hear the three appeals together is granted, and the appeals will be calendared together and will argued or submitted on the same date; and it is further,

ORDERED that the branch of the cross motion which is for leave to perfect the appeal from the judgment without further briefs and with the submission of an appendix consisting of the notice of appeal from the judgment and the judgment is granted to the extent that the record and briefs filed in connection with the appeal from the orders are deemed to be the record and briefs filed in connection with the appeal from the judgment, and on or before May 18, 2009, the appellants shall serve and file a supplemental record containing the notice of appeal from the judgment and the judgment, as well as a letter stating that the appellants raise no other issues aside from those raised on the appeal from the orders, and that branch of the cross motion is otherwise denied.

ORDERED that Anthony Carlisi's time to serve and file a brief with respect to the appeal from the order entered May 15, 2008 (Appellate Division Docket No. 2008-05259), is enlarged until June 1, 2009, and Anthony Carlisi's brief with respect to that appeal must be served and filed on or before that date; and it is further,

ORDERED that the time of New Island Hospital and Anthony Carlisi to serve and file their briefs with respect to the appeal from the order entered January 8, 2009 (Appellate Division Docket No. 2009-00828), is enlarged until June 1, 2009, and the briefs of New Island Hospital and Anthony Carlisi with respect to that appeal must be served and filed on or before that date.

SPOLZINO, J.P., COVELLO, ANGIOLILLO and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court