| Posner v Posner |
| Motion No: 2014-04207 |
| Slip Opinion No: 2017 NY Slip Op 89849(U) |
| Decided on October 19, 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. |
Appellate Division: Second Judicial Department
M239762
E/afa
MARK C. DILLON, J.P.
SANDRA L. SGROI
SYLVIA O. HINDS-RADIX
ANGELA G. IANNACCI, JJ.
|
2014-04207 Erin Lewis Posner, respondent, v Ronald Bruce Posner, appellant. (Index No. 6845/08)
| DECISION & ORDER ON MOTION |
2016-04800
Erin Lewis Posner, respondent,
v Ronald Bruce Posner, appellant.
(Index No. 6845/08)
2017-00027
Erin Lewis Posner, respondent,
v Ronald Bruce Posner, appellant.
(Index No. 6845/08)
Motion by the appellant, inter alia, to withdraw an appeal from an order of the Supreme Court, Westchester County, dated February 22, 2016, and to consolidate an appeal from an order of the same court dated March 28, 2014, with an appeal from a judgment of the same court dated September 20, 2016, in effect, to deem the record and briefs filed in connection with the appeal from the order dated March 28, 2014, also to be filed in connection with the appeal from the judgment, and for leave to serve and file a supplemental record containing the judgment and the notice of appeal for the judgment.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to withdraw the appeal from the order dated February 22, 2016, is granted, and that appeal is deemed withdrawn, without costs or disbursements (Appellate Division Docket No. 2016-04800); and it is further,
ORDERED that the branch of the motion which is to consolidate the appeals from the order dated March 28, 2014, and the judgment, in effect, to deem the record and the appellant's brief filed in connection with the appeal from the order dated March 28, 2014, also to be filed in connection with the appeal from the judgment, and for leave to serve and file a supplemental record is granted, the appeals are consolidated, the record and the appellant's brief filed in connection with the appeal from the order dated March 28, 2014, are deemed also to be filed in connection with the appeal from the judgment, and on or before November 9, 2017, the appellants shall serve and file a supplemental record containing the judgment as well as the notice of appeal from the judgment; and it is further,
ORDERED that the motion is otherwise denied.
DILLON, J.P., SGROI, HINDS-RADIX and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court