| Douglas Elliman, LLC v Silver |
| Motion No: 2013-11237 |
| Slip Opinion No: 2015 NY Slip Op 60009(U) |
| Decided on January 2, 2015 |
| 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
M183919
E/ct
RUTH C. BALKIN, J.P.
JEFFREY A. COHEN
COLLEEN D. DUFFY
HECTOR D. LASALLE, JJ.
|
2013-11237, 2014-06487, 2014-09415 Douglas Elliman, LLC, respondent-appellant, v Rhona Silver, et al., appellants-respondents. (Index No. 21471/07)
| DECISION & ORDER ON MOTION |
Motion by Rhona Silver, Rhobar Development Associates, LLC, and Ackerly Associates, LLC, inter alia, (1) in effect, to consolidate their appeal from an order of the Supreme Court, Suffolk County, dated September 25, 2013, with an appeal by Douglas Elliman LLC, from a decision of the same court dated May 9, 2014, and their appeal from a judgment of the same court entered July 17, 2014, (3) for leave to perfect the appeals from the decision and the judgment with a supplemental record which contains only those additional documents necessary to perfect the appeal from the decision and the judgment and briefs which address any additional issues raised on those appeals, and (4) for a briefing schedule in connection with the appeals from the decision and the judgment.
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 on the Court's own motion, the notice of appeal by Douglas Elliman, LLC, from the decision is deemed to be a premature notice of cross appeal from the judgment (see CPLR 5520[c]), and will be prosecuted as a cross appeal under Appellate Division Docket Number 2014-09415; and it is further,
ORDERED that the branches of the motion which are, in effect, to consolidate the appeals and for leave to perfect the appeal and cross appeal from the judgment with a supplemental record which contains only those additional documents necessary to perfect the appeal and cross appeal from the judgment and briefs which address any additional issues raised on the appeal and cross appeal from the judgment are granted; and it is further,
ORDERED that the branch of the motion which is for a briefing schedule in connection with the appeal from the judgment is denied; and it is further,
ORDERED that the motion is otherwise denied as academic.
BALKIN, J.P., COHEN, DUFFY and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court