Appellate Division: Second Judicial Department

M106569

E/ct

REINALDO E. RIVERA, J.P.

ANITA R. FLORIO

DANIEL D. ANGIOLILLO

PLUMMER E. LOTT, JJ.

2009-09141, 2010-00096, 2010-04889 DE Tom Dellis, respondent, v John Dellis, et al., appellants. (Index No. 9528/03)

CISION & ORDER ON MOTION

Motion by the appellants, inter alia, (1) for leave to renew the respondent's prior motion, inter alia, to dismiss appeals from an order of the Supreme Court, Queens County, dated August 10, 2009 (Appellate Division Docket No. 2009-09141), and a judgment of the same court dated December 16, 2009 (Appellate Division Docket No. 2010-00096), which, by decision and order on motion dated April 26, 2010, was granted to the extent, inter alia, that the record on appeal and the appellants' brief were stricken, and (2) to consolidate the appeals with an appeal from an order of the same court entered January 28, 2010 (Appellate Division Docket No. 2010-04889).

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

ORDERED that the branch of the motion which is to consolidate the appeals is granted; and it is further,

ORDERED that the branch of the motion which is for leave to renew is granted, the record on appeal is reinstated and accepted for filing, and on or before September 2, 2010, the appellants shall serve and file a supplemental record containing a settled transcript and any documents that are properly part of the record on appeal, as well as a replacement brief that contains arguments concerning all three appeals; and it is further,

ORDERED that the respondent shall serve and file his brief in response to the appellants' replacement brief in accordance with the rules of the court (see 22 NYCRR 670.8[b]); and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., FLORIO, ANGIOLILLO and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court