Appellate Division: Second Judicial Department

M207858

E/ct

L. PRISCILLA HALL, J.P.

LEONARD B. AUSTIN

HECTOR D. LASALLE

BETSY BARROS, JJ.

2014-10851, 2015-02661, 2015-07306 Nelson Poalacin, appellant-respondent, v Mall Properties, Inc., et al., defendants third-party plaintiffs-respondents-appellants; APCO Insulation Co. Inc., et al., third-party defendant- respondent-appellant. (Appeal Nos. 1 and 2) Nelson Poalacin, appellant-respondent, v Mall Properties, Inc., et al., respondents-appellants; Weather Champions, Ltd., respondent (and third-party actions). (Appeal No. 3) (Index No. 700446/12)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent to consolidate appeals and cross appeals from two orders of the Supreme Court, Queens County, entered October 7, 2014, and January 28, 2015, respectively, with an appeal and cross appeal from an order of the same court entered August 5, 2015. Separate motion by the respondents-appellants to enlarge the time to perfect their appeal from the order entered August 5, 2015, and to consolidate the appeals and cross appeals.

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

ORDERED that on the Court's own motion, the cross appeal from the order entered August 5, 2015, is dismissed, without costs or disbursements, as the respondents-appellants are not aggrieved by that order (see Pennsylvania General Ins. Co., v Austin Powder Co., 68 NY2d 465, 472-473); and it is further,

ORDERED that the branches of the motion and the cross motion which are to consolidate the appeals and cross appeals from the orders entered October 7, 2014, and January 28, 2015, with the appeal from the order entered August 5, 2015, are granted, and on or before April 25, 2016, the appellant-respondent shall perfect the appeal from the order entered August 5, 2015, with a supplemental record containing papers filed in the Supreme Court that are not contained in the record filed in connection with the appeals and cross appeals from the orders entered October 7, 2014, and January 28, 2015, and a supplemental brief that raises issues in connection with the appeal from the order entered August 5, 2015, and Weather Champions, Ltd., shall serve and file a supplemental brief, if any, in response to appellant-respondent's supplemental brief on or before May 25, 2016; and it is further,

ORDERED that the motion and the cross motion are otherwise denied as academic.

HALL, J.P., AUSTIN, LASALLE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court