Deutsche Bank National Trust Company v Polanco
Motion No: 2016-07742
Slip Opinion No: 2017 NY Slip Op 83896(U)
Decided on August 25, 2017
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

M236700

E/ct

JOHN M. LEVENTHAL, J.P.

ROBERT J. MILLER

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2016-07742, 2017-00449, 2017-04610

Deutsche Bank National Trust Company,

etc., respondent, v Carlos Polanco, appellant,

et al., defendants.

(Index No. 10232/14)

DECISION & ORDER ON MOTION

Motion by the appellant to consolidate appeals from two orders of the Supreme Court, Nassau County, entered May 18, 2016, and October 5, 2016, respectively, and a judgment of the same court entered November 14, 2016, to deem the record and the appellant's brief filed in connection with the appeal from the order entered May 18, 2016, to also be filed in connection with the appeals from order entered October 5, 2016, and the judgment, to limit the issues raised on the appeals to the issues raised in the appellant's brief, and for leave to serve and file a supplemental record containing, inter alia, the notices of appeal from the order entered October 5, 2016, and the judgment, as well as the order entered October 5, 2016, and 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 to the extent that the appeals are consolidated, the record and the appellant's brief filed in connection with the appeal from the order entered May 18, 2016, are deemed also to be filed in connection with the appeals from the order entered October 5, 2016, and the judgment, the issues on the appeals are limited to the issues raised in the appellant's brief, and on or before September 15, 2017, the appellant shall serve and file a supplemental record containing the motion papers concerning the appellant's motion to renew and reargue to the extent those papers are not contained in the record filed with this Court on April 7, 2017, the notices of appeal from the order entered October 5, 2016, and the judgment, the order entered October 5, 2016, and the judgment, and the motion is otherwise denied.

LEVENTHAL, J.P., MILLER, BARROS and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court