Greenidge v United Parcel Service, Inc.
Motion No: 2015-09235
Slip Opinion No: 2016 NY Slip Op 60390(U)
Decided on January 7, 2016
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

M204258

E/sl

RUTH C. BALKIN, J.P.

THOMAS A. DICKERSON

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX, JJ.

2015-09235, 2015-11344

Ceneca Greenidge, plaintiff-respondent,

v United Parcel Service, Inc., et al., appellants,

Quincy Campble, defendant-respondent

(Index No. 25158/11)

DECISION & ORDER ON MOTION

Motion by the appellants, inter alia, to deem the notice of appeal from an order of the Supreme Court, Kings County, dated July 30, 2015, to be a premature notice of appeal from an interlocutory judgment of the same court dated October 20, 2015. Separate applications by the plaintiff-respondent and the defendant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file their respective briefs.

Upon the papers filed in support of the motion and the applications, and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is denied as unnecessary as a timely notice of appeal from the interlocutory judgment was served and filed; and it is further,

ORDERED that on the Court's own motion, the appeals from the order and interlocutory judgment are consolidated, the record and briefs filed in connection with the appeal from the order are deemed also to be filed in connection with the appeal from the interlocutory judgment, and on or before January 22, 2016, the appellants shall serve and file a supplemental record containing the interlocutory judgment and the notice of appeal from the interlocutory judgment and an affirmation stating that the issues on the appeal will be limited to the issues raised in the brief on the appeal from the order; and it is further,

ORDERED that the applications are granted, the time of the plaintiff-respondent and the defendant-respondent to serve and file their respective briefs is enlarged until February 22, 2016, and the briefs must be served and filed on or before that date.

BALKIN, J.P., DICKERSON, MILLER and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court