| Dana v Allstate New Jersey Insurance Company |
| Motion No: 2008-03846 |
| Slip Opinion No: 2010 NY Slip Op 63287(U) |
| Decided on February 10, 2010 |
| 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
M98385
S/nl
REINALDO E. RIVERA, J.P.
FRED T. SANTUCCI
RANDALL T. ENG
CHERYL E. CHAMBERS, JJ.
|
2008-03846, 2009-09314, 2009-09317 Morris Dana ,et al., respondents-appellants, v Allstate New Jersey Insurance Company, appellant-respondent. (Appeal No. 1) Morris Dana, et al., appellants, v Allstate New Jersey Insurance Company, respondent. (Appeal Nos. 2 and 3 ) (Index No. 25986/05)
| DECISION & ORDER ON MOTION |
Application by the appellant-respondent in Appeal No. 1 for leave to withdraw an appeal from a judgment of the Supreme Court, Kings County, entered April 16, 2008 (Appellate Division Docket No. 2008-03846). Application by the appellants in Appeal Nos. 2 and 3 (Appellate Division Docket Nos. 2009-09314 and 2009-09317), on appeals from an order of the same court dated May 13, 2009, and a judgment of the same court entered August 19, 2009, for leave to refer to the record on Appeal No. 1 in connection with Appeals Nos. 2 and 3 and for leave to file a record on Appeals Nos. 2 and 3 which contains only the motion papers which resulted in the order dated May 13, 2009, and the judgment entered August 19, 2009.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the application, it is
ORDERED that the motion to withdraw the appeal from the judgment entered April 16 ,2008, is held in abeyance and is referred to the panel of Justices hearing the appeals for determination upon the argument or submission of the appeals; and it is further,
ORDERED that the application is granted and the appellants in Appeals Nos. 2 and 3 may refer to the record on Appeal No. 1 in connection with Appeals Nos. 2 and 3 and may perfect Appeals Nos. 2 and 3 on a record or appendix which contains only the motion papers which resulted in the order dated May 13, 2009, and the judgment entered August 19, 2009; and it is further,
ORDERED that on the court's own motion,the appellants shall perfect Appeals Nos. 2 and 3 on or before April 1, 2010, and those appeals shall be calendared with Appeal No. 1 and the appeals shall be argued or submitted on the same day.
RIVERA, J.P., SANTUCCI, ENG and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court