Appellate Division: Second Judicial Department

M100228

E/sl

PETER B. SKELOS, J.P.

JOHN M. LEVENTHAL

LEONARD B. AUSTIN

SHERI S. ROMAN, JJ.

2009-11676, 2010-02162 Rossrock Fund II, L.P., respondent, v Commack Investor Group, Inc., appellant, et al., defendants. (Index No. 20381/07)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Kings County, dated November 16, 2009 (Appellate Division Docket No. 2009-11676), inter alia, to vacate a judgment of the same court also dated November 16, 2009 (Appellate Division Docket No. 2010-02162), and to stay all proceedings in the above-entitled action, pending hearing and determination of the appeal. Separate motion by the appellant, in effect, to deem the record and brief filed in connection with the appeal from the order dated November 16, 2009, to also be the record and brief for the appeal from the judgment dated November 16, 2009, and for leave to file a supplemental record for the appeal from the judgment dated November 16, 2009, containing only the notice of appeal for the judgment and the judgment, to deem the appeal from the judgment perfected upon filing the supplemental record, and to calendar the appeals together.

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

ORDERED that the motion, inter alia, to vacate the judgment dated November 16, 2009 (Appellate Division Docket No. 2010-02162), and to stay all proceedings in the above-entitled action is denied; and it is further,

ORDERED that the motion, in effect, to deem the record and brief filed in connection with the appeal from the order dated November 16, 2009 (Appellate Division Docket No. 2009-11676), to also be the record and brief for the appeal from the judgment dated November 16, 2009 (Appellate Division Docket No. 2010-02162), and for leave to file a supplemental record for the appeal from the judgment dated November 16, 2009, containing only the notice of appeal for the judgment and the judgment, to deem the appeal perfected upon filing the supplemental record, and to calendar the appeals together is granted; and it is further,

ORDERED that the appellant shall perfect the appeal from the judgment by filing the supplemental record on or before April 5, 2010; and it is further,

ORDERED that the appeals will be calendared together and will be argued or submitted on the same day.

SKELOS, J.P., LEVENTHAL, AUSTIN and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court