Matter of Aeonn, LLC v Village of Woodbury
Motion No: 2018-06394
Slip Opinion No: 2019 NY Slip Op 64493(U)
Decided on March 4, 2019
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

M260311

E/sl

CHERYL E. CHAMBERS, J.P.

SHERI S. ROMAN

BETSY BARROS

LINDA CHRISTOPHER, JJ.

2018-06394, 2018-07762, 2018-13050

In the Matter of Aeonn, LLC, respondent,

v Village of Woodbury, et al., appellants.

(Appeal No. 1)

In the Matter of Aeonn, LLC, appellant,

v Village of Woodbury, et al., respondents.

(Appeal No. 2 and 3)

(Index No. 4968/16)

DECISION & ORDER ON MOTION

Motion by Aeonn, LLC, inter alia, to consolidate its appeals from two orders of the Supreme Court, Orange County, dated March 20, 2017, and August 27, 2018, respectively, with an appeal by Village of Woodbury and Board of Trustees of the Village of Woodbury from a judgment of the same court dated April 10, 2018, in effect, to deem the record filed in connection with the appeal from the judgment to be a joint record filed in connection with the appeals from the judgment as well as the orders, to extend its time to serve and file a brief, and for leave to serve and file a supplemental joint record containing the orders, the notices of appeals from the orders, and any papers constituting the record for the appeals from the orders that are not contained in the joint record.

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

ORDERED that the motion is granted to the extent that the appeals are consolidated, the record filed in connection with the appeal from the judgment is deemed to be a joint record filed in connection with the appeals from the judgment as well as the orders, on or before March 12, 2019, Village of Woodbury and Board of Trustees of the Village of Woodbury shall correct the covers of the copies of the joint record and its brief filed with the Clerk of this Court to reflect the consolidation, and on or before April 11, 2019, Aeonn, LLC, shall serve and file a brief, containing its response to the brief filed by Village of Woodbury and Board of Trustees of the Village of Woodbury and its points of argument raised in connection with the appeals from the orders, and a supplemental joint record containing the orders, the notices of appeals from the orders, and any papers constituting the record for the appeals from the orders that are not contained in the joint record, and the motion is otherwise denied.

CHAMBERS, J.P., ROMAN, BARROS and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court