Appellate Division: Second Judicial Department

M234967

E/sl/ct

L. PRISCILLA HALL, J.P.

SHERI S. ROMAN

JEFFREY A. COHEN

BETSY BARROS, JJ.

2016-05840, 2016-10557, 2017-04748 Charles Simon, et al., plaintiffs-respondents, v Granite Building 2, LLC, appellant-respondent, Kulka Construction Corp., respondent-appellant, FXR Construction Corp., doing business as Dev Construction Corp., defendant-respondent, et al., defendants. (Index No. 22101/08)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent to consolidate appeals and cross appeals from two orders of the Supreme Court, Nassau County, both dated September 9, 2016, with an appeal and cross appeal from a judgment of the same court entered March 23, 2017, to deem the record and briefs filed in connection with the appeals and cross appeals from the orders to also be filed in connection with the appeal and cross appeal from the judgment, and for leave to serve and file a supplemental record containing the judgment and the notices of appeal and cross appeal from the judgment.

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 record and briefs filed in connection with the appeals and cross appeals from the orders are deemed to also be filed in connection with the appeal and cross appeal from the judgment to the extent that the judgment brings the orders up for review, and on or before August 14, 2017, the appellant-respondent shall serve and file a supplemental record containing the judgment and the notices of appeal and cross appeal from the judgment.

HALL, J.P., ROMAN, COHEN and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court