Appellate Division: Second Judicial Department

M253624

E/mm

RUTH C. BALKIN, J.P.

JEFFREY A. COHEN

ANGELA G. IANNACCI

LINDA CHRISTOPHER, JJ.

2018-00214, 2018-05545 Alpha/Omega Concrete Corp., plaintiff-respondent, v Ovation Risk Planners, Inc., respondent-appellant, Scottish American Insurance General Agency, Inc., appellant-respondent, State National Insurance Company, defendant-respondent. (Index No. 605860/16)

DECISION & ORDER ON MOTION

Motion by Ovation Risk Planners, Inc., to consolidate an appeal and cross appeal from an order of the Supreme Court, Nassau County, entered November 8, 2017, with an appeal from an order of the same court entered March 20, 2018, or, in the alternative, to calendar the appeals and cross appeal together and, in effect, refer to the joint record filed in connection with the appeal and cross appeal from the order entered November 8, 2017, in the briefs filed in connection with the appeal from the order entered March 20, 2018.

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 branch of the motion which is to consolidate the appeal and cross appeal from the order entered November 8, 2017, with the appeal from the order entered March 20, 2018, is granted, and on or before September 6, 2018, Ovation Risk Planners, Inc., shall serve and file a supplemental joint record containing the papers filed in connection with the motion that was determined by the order entered March 20, 2018, which are not contained in the joint record filed in connection with the appeal and cross appeal from the order entered November 8, 2017, and a supplemental brief raising issues concerning the order entered March 20, 2018; and it is further,

ORDERED that the motion is otherwise denied as academic.

BALKIN, J.P., COHEN, IANNACCI and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court