Vernigora v Gelbert
Motion No: 2016-10483
Slip Opinion No: 2018 NY Slip Op 78493(U)
Decided on July 23, 2018
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

M251068

E/mm

JOHN M. LEVENTHAL, J.P.

JEFFREY A. COHEN

HECTOR D. LASALLE

LINDA CHRISTOPHER, JJ.

2016-10483

Olga Vernigora, etc., et al., respondents,

v Rimma Gelbert, etc., et al., appellants.

(Index No. 7155/11)

DECISION & ORDER ON MOTION

2018-00536

Olga Vernigora, etc., et al., respondents,

v Rimma Gelbert, etc., et al., defendants,

Jeffrey N. Lang, etc., appellant.

(Index No. 7155/11)

2018-05108

Olga Vernigora, etc., et al., respondents,

v Rimma Gelbert, etc., et al., defendants,

Jeffrey N. Lang, etc., appellant.

(Index No. 7155/11)

Motion by the appellant Jeffrey N. Lang, for leave to refer to the joint record filed in connection with appeals from an order of the Supreme Court, Kings County, dated August 18, 2016, in a brief filed in connection with appeals from two orders of the same court dated October 30, 2017, and March 9, 2018, respectively, for leave to perfect the appeals from the orders dated October 30, 2017, and March 9, 2018, upon a record or appellants' appendix which omits the papers contained in the joint record filed in connection with the appeals from the order dated August 18, 2016, and to calendar the appeals together.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that on the Court's own motion, the appeals are consolidated, on or before August 22, 2018, the appellant Jeffrey N. Lang shall serve and file a supplemental joint record containing the papers constituting the record for the appeals from the orders dated October 30, 2017, and March 9, 2018, and a supplemental brief raising points of argument concerning those two appeals, and the respondents shall serve and file a supplemental brief in response to the appellant Jeffrey N. Lang's supplemental brief and the appellant Jeffrey N. Lang shall serve and file a supplemental reply brief, if any, in accordance with 22 NYCRR 670.8(b); and it is further,

ORDERED that the motion is denied as academic.

LEVENTHAL, J.P., COHEN, LASALLE and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court