Appellate Division: Second Judicial Department

M93749

E/sl

MARK C. DILLON, J.P.

THOMAS A. DICKERSON

ARIEL E. BELEN

SHERI S. ROMAN, JJ.

2008-07761, 2009-02968 Jodi See, appellant, v Baltic Estates, Inc., respondent (and a third-party action). (Action No. 1) Paul Miller, appellant, v Baltic Estates, Inc., et al., respondents. (Action No. 2) (Index No. 5861/04)

DECISION & ORDER ON MOTION

Motion by the appellant Jodi See to dismiss an appeal by the appellant Paul Miller from an order of the Supreme Court, Dutchess County, dated July 22, 2008, for failure to substitute a representative of his estate for the deceased appellant Paul Miller, to consolidate her appeal from the order dated July 22, 2008, with her appeal from a judgment of the same court entered February 24, 2009, to deem the record and brief filed in connection with the appeal from the order dated July 22, 2008, to also be the record and brief for the appeal from the judgment entered February 24, 2009, in effect, to deem the brief filed jointly with the appellant Paul Miller to be filed solely on behalf of the appellant Jodi See, and for leave to file a supplemental record containing the judgment entered February 24, 2009, and the notice of 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 motion is granted; and it is further,

ORDERED that the appeal by the appellant Paul Miller from the order dated July 22, 2008 (Appellant Division Docket No. 2008-07761), is dismissed, without costs or disbursements (see CPLR 1021); and it is further,

ORDERED that the record and brief filed in connection with the appeal from the order dated July 22, 2008 (Appellant Division Docket No. 2008-07761), are deemed to be the record and brief filed in connection with the appeal from the judgment entered February 24, 2009 (Appellant Division Docket No. 2009-02968); and it is further,

ORDERED that the appeals are consolidated and the brief filed jointly with the appellant Paul Miller is deemed to be filed solely on behalf of the appellant Jodi See; and it is further,

ORDERED that on or before November 12, 2009, the appellant shall serve and file a supplemental record containing the judgment entered February 24, 2009, and the notice of appeal from that judgment; and it is further,

ORDERED that the respondent's time to serve and file a brief is enlarged until December 14, 2009, and the respondents' brief must be served and filed on or before that date.

DILLON, J.P., DICKERSON, BELEN and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court