Kayes v Liberati
Motion No: 2010-10338
Slip Opinion No: 2012 NY Slip Op 72121(U)
Decided on May 3, 2012
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M137176

E/sl

MARK C. DILLON, J.P.

THOMAS A. DICKERSON

L. PRISCILLA HALL

SANDRA L. SGROI, JJ.

2010-10338, 2012-02608

Mohammed Kayes, et al., respondents,

v Nicholas R. Liberati, et al., appellants.

(Index No. 10130/06)

DECISION & ORDER ON MOTION

Motion by the appellants on an appeal from a judgment of the Supreme Court, Queens County, dated September 15, 2010, for leave to file a supplemental appendix containing a copy of the notice of an appeal from a judgment of the same court dated January 25, 2012, as well as a copy of the judgment, with annexed exhibits.

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

ORDERED that on the Court's own motion, the appeals are consolidated; the appendix and briefs filed in connection with the appeal from the judgment dated September 15, 2010, above with the supplemental appendix are deemed to be the appendix and briefs on the consolidated appeals; and it is further,

ORDERED that the motion is granted and on or before May 17, 2012, the appellants shall serve and file a supplemental appendix containing copies of the notice of appeal and judgment dated January 25, 2012, with annexed exhibits.

DILLON, J.P., DICKERSON, HALL and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court