Appellate Division: Second Judicial Department

M237986

E/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2015-03996, 2016-01222 Grace McCoy, plaintiff-respondent, v Medford Landing, L.P., defendant third-party/ second third-party plaintiff-appellant-respondent; Harte Landscaping, Inc., et al., third-party defendants respondents-appellants; NGM Insurance Company, second third-party defendant-respondent. (Index No. 26401/09)

DECISION & ORDER ON MOTION

2016-10491

Grace McCoy, plaintiff, v Medford Landing, L.P.,

defendant third-party/second third-party plaintiff-

appellant; Harte Landscaping, Inc., et al.,

third-party defendants respondents; NGM

Insurance Company, second third-party

defendant-respondent.

(Index No. 26401/09)

Appeals and cross appeals from two orders of the Supreme Court, Suffolk County, dated January 30, 2015, and December 15, 2015, respectively, and appeal from a judgment of the same court entered August 30, 2016.

On the Court's own motion, it is

ORDERED that so much of the decision and order on motion of this Court entitled "In the Matter of the Dismissal of Causes for Failure to Perfect," dated July 5, 2017, as dismissed, pursuant to 22 NYCRR 670.8(e), the appeal from the judgment is recalled and vacated; and it is further,

ORDERED that the appeals and cross appeals from the orders are consolidated with the appeal from the judgment, and the joint record, supplemental joint record, and briefs filed in connection with the appeals and cross appeals from the orders are deemed to be filed in connection with the appeal from the judgment.

ENG, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court