| Mudgett v Long Island Rail Road |
| Motion No: 2009-07499 |
| Slip Opinion No: 2010 NY Slip Op 73320(U) |
| Decided on June 3, 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
M103785
E/sl
STEVEN W. FISHER, J.P.
ANITA R. FLORIO
PLUMMER E. LOTT
SANDRA L. SGROI, JJ.
|
2009-07499, 2009-11257 Marie Mudgett, et al., plaintiffs-respondents, v Long Island Rail Road, appellant, Town of Hempstead, defendant-respondent. (Appeal No. 1) Marie Mudgett, et al., appellants, v Long Island Rail Road, et al., respondents. (Appeal No. 2) (Index No. 17886/07)
| DECISION & ORDER ON MOTION |
Motion by Marie Mudgett and Peter Mudgett for leave to reference the record on appeal filed in connection with an appeal from an order of the Supreme Court, Nassau County, dated June 24, 2009 (Appellate Division Docket No. 2009-07499), in the briefs filed in connection with an order of the same court entered October 16, 2009 (Appellate Division Docket No. 2009-11257), and to calendar the appeals together.
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 it is further,
ORDERED that the parties may refer to the record on appeal filed in connection with the appeal from the order dated June 24, 2009 (Appellate Division Docket No. 2009-07499), in the briefs filed in connection with an order entered October 16, 2009 (Appellate Division Docket No. 2009-11257); and it is further,
ORDERED that the appeals will be calendared together and will be argued or submitted on the same day.
FISHER, J.P., FLORIO, LOTT and SGROI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court