Appellate Division: Second Judicial Department

M215804

T/sl

MARK C. DILLON, J.P.

SYLVIA O. HINDS-RADIX

FRANCESCA E. CONNOLLY

VALERIE BRATHWAITE NELSON, JJ.

2015-08074, 2016-05353 Nancyanne F. Humes, appellant, v Michael T. Humes, respondent. (Index No. 1920/14)

DECISION & ORDER ON MOTION

Motion by the appellant to consolidate appeals from an order of the Supreme Court, Orange County, dated June 18, 2015, and a judgment of the same court dated April 4, 2016, to deem the record and briefs filed in connection with the appeal from the order to also be the record and briefs filed in connection with the appeal from the judgment, and to limit the issues raised in connection with the appeal from the judgment to be the issues raised in the briefs filed in connection with the appeal from the order. Cross motion by the respondent to dismiss the appeal from the judgment dated April 4, 2016, as duplicative of the appeal from the order dated June 18, 2015.

Upon the papers filed in support of the motion and the cross motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted, the appeals are consolidated, the record and briefs filed in connection with the appeal from the order deemed to also be the record and briefs filed in connection with the appeal from the judgment, the issues raised in connection with the appeal from the judgment are limited to the issues raised in the briefs filed in connection with the appeal from the order, and on or before August 22, 2016, the appellant shall serve and file a supplemental record containing the judgment, the notice of appeal from the judgment, and the findings of fact and conclusions of law dated April 4, 2016, in the above-entitled action; and it is further,

ORDERED that the cross motion is denied.

DILLON, J.P., HINDS-RADIX, CONNOLLY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court