Shea v American Tobacco Company
Motion No: 2009-00661
Slip Opinion No: 2009 NY Slip Op 79090(U)
Decided on July 27, 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

M89975

E/sl

REINALDO E. RIVERA, J.P.

RANDALL T. ENG

JOHN M. LEVENTHAL

L. PRISCILLA HALL, JJ.

2009-00661, 2009-06168

Theresa Shea, etc., et al., appellants,

v American Tobacco Company, et al.,

respondents.

(Appeal No. 1)

Justin Tomasino, etc., et al., appellants,

v American Tobacco Company, et al.,

respondents.

(Appeal No. 2)

(Index Nos. 8938/03, 27182/97)

DECISION & ORDER ON MOTION

Motion by the appellants to consolidate appeals from two orders of the Supreme Court, Nassau County, entered December 18, 2008, and June 10, 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, and the parties shall file ten copies of the record or appendix on appeal and their respective briefs.

RIVERA, J.P., ENG, LEVENTHAL and HALL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court