Appellate Division: Second Judicial Department

M250214

E/afa

WILLIAM F. MASTRO, J.P.

SHERI S. ROMAN

COLLEEN D. DUFFY

VALERIE BRATHWAITE NELSON, JJ.

2017-07957, 2018-02830 Kristin Jung, appellant, v David Glover, et al., respondents. (Index No. 711882/15)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to consolidate appeals from two orders of the Supreme Court, Queens County, dated July 10, 2017, and December 14, 2017, respectively, and to withdraw so much of her brief as raises arguments concerning the dismissal of the affirmative defenses concerning comparative negligence.

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 order dated July 10, 2017, are deemed to be filed in connection with the order dated December 14, 2017, the portion of the appellant's brief which raises arguments concerning the dismissal of the affirmative defenses concerning comparative negligence is deemed stricken, and on or before June 18, 2018, the appellant shall serve and file a supplemental record containing the order dated December 14, 2017, the notice of appeal from that order, and the papers filed in connection with the order dated December 14, 2017, that are not contained in the record filed in connection with the appeal from the order dated July 10, 2017.

MASTRO, J.P., ROMAN, DUFFY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court