Jardin v A Very Special Place, Inc.
Motion No: 2014-03993
Slip Opinion No: 2015 NY Slip Op 76337(U)
Decided on June 16, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M194007

E/ct

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

SHERI S. ROMAN

SYLVIA O. HINDS-RADIX, JJ.

2014-03993

Jean-Paul Jardin, appellant-respondent, v A Very

Special Place, Inc., defendant third-party plaintiff-

respondent-appellant, Kang Suk Construction, Inc.,

defendant-respondent; Trinity Interior Coatings, Inc.,

third-party defendant-respondent, et al., third-party

defendant.

(Index No. 11851/10)

DECISION & ORDER ON MOTION

2015-00271

Jean-Paul Jardin, plaintiff-respondent, v A Very

Special Place, Inc., defendant third-party plaintiff-

appellant, Kang Suk Construction, Inc., defendant-

respondent; Trinity Interior Coatings, Inc., third-party

defendant-respondent, et al., third-party defendant.

(Index No. 11851/10)

Motion by A Very Special Place, Inc., to consolidate an appeal and a cross appeal from an order of the Supreme Court, Kings County, dated March 14, 2014, with an appeal from an order of the same court dated October 27, 2014, which upon reargument, adhered to the determination in the order dated March 14, 2014, and for leave to perfect the appeal from the order dated October 27, 2014, with a supplemental record consisting of the documents that are not contained in the joint record filed in connection with the appeal and cross appeal from the order dated March 14, 2014, and deeming the briefs filed in connection with the appeal and cross appeal from the order dated March 14, 2014, to also be briefs filed in connection with the order dated October 27, 2014.

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 appeals and cross appeal are consolidated, the joint record filed in connection with the appeal and cross appeal from the order dated March 14, 2014, is deemed to also be the record for the appeal from the order dated October 27, 2014, the briefs filed in connection with the appeal and cross appeal from the order dated March 14, 2014, are deemed to also be filed in connection with the order dated October 27, 2014, and on or before July 16, 2015, A Very Special Place, Inc., shall serve and file a supplemental record containing the order dated October 27, 2014, the notice of appeal for that order, and all papers filed in connection with the motion and cross motion that resulted in that order that are not contained in the joint record.

RIVERA, J.P., LEVENTHAL, ROMAN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court