Appellate Division: Second Judicial Department

M105805

S/sl

PETER B. SKELOS, J.P.

DANIEL D. ANGIOLILLO

JOHN M. LEVENTHAL

SANDRA L. SGROI, JJ.

2010-03597, 2010-04414 Lenert Mitchell, respondent, v Casa Redimix Concrete Corp., et al., appellants. (Index No. 3023/08)

DECISION & ORDER ON MOTION

Motion by the appellants Casa Redimix Concrete Corp. and Robert J. Nicodemo on appeals from an order of the Supreme Court, Kings County, dated February 25, 2010, (1) to amend their notice of appeal to reflect that the appeal is from the order which denied the defendants motions for summary judgment and not from an order of the same court also dated February 25, 2010, which determined the plaintiff's motion to strike the defendants' answers, and (2) to consolidate their appeal with the appeal taken by the defendants Jimmie J. Buie and Zepora Meadows from the order dated February 25, 2010, denying the defendants' motions for summary judgment, pending under Appellate Division Docket No. 2010-4414.

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, the notice of appeal by the defendants Casa Redimix Concrete Corp. and Robert J. Nicodemo is deemed to be a notice of appeal from the order dated February 25, 2010, which denied the defendants' motions for summary judgment (see CPLR 5512), the notice of appeal is deemed to be a notice of cross appeal on the appeal pending under Appellate Divsion Docket No. 2010-04414, and the appeals will proceed under that docket number.

SKELOS, J.P., ANGIOLILLO, LEVENTHAL and SGROI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court