U.S. Bank Trust, N.A. v D'Aleo
Motion No: 2018-12633
Slip Opinion No: 2019 NY Slip Op 86278(U)
Decided on December 17, 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

M268266

E/sl

RUTH C. BALKIN, J.P.

SHERI S. ROMAN

JEFFREY A. COHEN

ANGELA G. IANNACCI, JJ.

2018-12633, 2019-09919

U.S. Bank Trust, N.A., etc., plaintiff,

v Leonard D'Aleo, appellant, et al.,

defendants.

(Index No. 981/14)

DECISION & ORDER ON MOTION

Separate motions by the appellant, inter alia, in effect, to consolidate appeals from two orders of the Supreme Court, Nassau County, entered August 9, 2018, and January 25, 2019, respectively, and for leave to serve and file a supplemental record and a supplemental appellant's brief.

Upon the papers filed in support of the motions and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branches of the motion which are, in effect, to consolidate the appeals and for leave to serve and file a supplemental record and a supplemental appellant's brief are granted, the appeals are consolidated, the record and appellant's brief filed in connection with the appeal from the order entered August 9, 2018, are also deemed to be filed in connection with the appeal from the order entered January 25, 2019, and on or before January 16, 2020, the appellant shall add Appellate Division Docket No. 2019-09919 to the covers of the copies of the record and the appellant's brief filed with the Clerk of the Court and file replacement digital copies of the record and the appellant's brief which contain the corrected covers, serve and file a supplemental record which contains the papers constituting the record for the appeal from the order entered January 25, 2019, that are not contained in the record originally filed in connection with the appeal from the entered August 9, 2018, and serve and file a supplemental brief raising issues concerning the order entered January 25, 2019; and it is further,

ORDERED that the motion is otherwise denied.

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

ENTER:

Aprilanne Agostino

Clerk of the Court