Weinstein v Klocke of America, Inc.
Motion No: 2015-07273
Slip Opinion No: 2016 NY Slip Op 62743(U)
Decided on January 29, 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

M205658

E/sl

RUTH C. BALKIN, J.P.

SHERI S. ROMAN

JEFFREY A. COHEN

JOSEPH J. MALTESE, JJ.

2015-07273, 2015-12262

Jonathan Weinstein, respondent-appellant,

v Klocke of America, Inc., et al., appellants-

respondents.

(Index No. 23396/10)

DECISION & ORDER ON MOTION

Motion by Klocke of America, Inc., and Klocke Verpackungs Service, GMBH, to consolidate an appeal from an order of the Supreme Court, Nassau County, entered May 19, 2015, with an appeal and cross appeal from an order of the same court entered October 15, 2015, and for leave to serve and file a replacement brief, and to enlarge the time of Jonathan Weinstein to serve and file a brief. Application by Jonathan Weinstein pursuant to 22 NYCRR 670.8(d)(2) for an enlargement of time to serve and file a brief in connection with the appeal from the order entered May 19, 2015.

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

ORDERED that the branches of the motion which are to consolidate the appeals and for leave to serve and file a replacement brief are granted and on or before February 29, 2016, Klocke of America, Inc., and Klocke Verpackungs Service, GMBH, shall serve and file a supplemental record containing the motion papers submitted to the Supreme Court, Nassau County, which resulted in the order dated October 15, 2015, and serve and file a replacement brief raising issues relating to their appeals from both orders; and it is further,

ORDERED that Jonathan Weinstein shall serve and file his answering brief, including his points of argument on the cross appeal from the order dated October 15, 2015, in accordance with the rules of this Court (see 22 NYCRR 670.8[c][3]).

ORDERED that the application and the branch of the motion which is to enlarge the time of Jonathan Weinstein to serve and file a brief in connection with the appeal from the order dated May 19, 2015, are denied as academic.

BALKIN, J.P., ROMAN, COHEN and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court