Walsh v Brown
Motion No: 2009-07024
Slip Opinion No: 2009 NY Slip Op 83881(U)
Decided on September 23, 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

M91978

E/sl

HOWARD MILLER, J.P.

CHERYL E. CHAMBERS

PLUMMER E. LOTT

SHERI S. ROMAN, JJ.

2009-07024, 2009-07514

Margaret Walsh, etc., respondent,

v Carol Brown, et al., appellants,

et al., defendants.

(Index No. 2903/06)

DECISION & ORDER ON MOTION

Motion by the appellants to consolidate appeals from an order of the Supreme Court, Kings County, dated June 16, 2009, with an appeal from a judgment of the same court dated August 3, 2009, and, in effect, to deem the record and briefs filed in connection with the order to be the record and briefs for the appeal from the judgment.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the branch of the motion which is to consolidate the appeals is granted; and it is further,

ORDERED that the branch of the motion which is, in effect, to deem the record and briefs filed in connection with the order to be the record and briefs for the appeal from the judgment on the ground that the issues raised on the appeal from the order are identical to the issues to be raised on the appeals from the judgment is granted, and on or before October 14, 2009, the appellants shall serve and file a supplemental record containing the notice of appeal from the judgment as well as the judgment.

MILLER, J.P., CHAMBERS, LOTT and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court