Appellate Division: Second Judicial Department

M271131

E/sl

ALAN D. SCHEINKMAN, P.J.

ROBERT J. MILLER

JOSEPH J. MALTESE

BETSY BARROS, JJ.

2019-04084, 2020-00674 McCormick 110, LLC, respondent-appellant, v Joseph Gordon, et al., appellants-respondents, et al., defendants. (Index No. 509541/16)

DECISION & ORDER ON MOTION

Motion by Joseph Gordon and Yael Gordon to consolidate an appeal from an order of the Supreme Court, Kings County, dated February 27, 2019, with an appeal and a cross appeal from a judgment of the Supreme Court, Kings County, dated November 19, 2019, and for leave to serve and file a supplemental 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, the appeal from the order is consolidated with the appeal and cross appeal from the judgment, the record and briefs filed in connection with the appeal from the order are also deemed to be filed in connection with the appeal and cross appeal from the judgment, and on or before July 6, 2020, the parties shall submit covers for the copies of the record and the briefs filed with the Clerk of the Court in connection with the appeal from the order which contain a caption reflecting the parties' status for the appeals and cross appeal, titles denominating the record as a joint record and denominating the correct status of the party filing the briefs, and include Appellate Division Docket No. 2020-00674 as well as Appellate Division Docket No. 2019-04084, and upload replacement digital copies of the joint record and the briefs containing the corrected covers through the digital portal on this Court's website; it is further,

ORDERED that on or before August 5, 2020, Joseph Gordon and Yael Gordon shall serve a supplemental joint record containing the judgment, their notice of appeal for the judgment, and the papers comprising the record for the cross appeal, including the notice of cross appeal from the judgment, and upload digital copies of the supplemental joint record, with proof of service thereof, through the digital portal on this Court's website, and file an original and five hard copies of the supplemental joint record in accordance with any applicable administrative order or other order to be issued by the Court; it is further,

ORDERED that on or before September 4, 2020, McCormick 110, LLC, shall serve a supplemental brief raising its points of argument on the cross appeal (see 22 NYCRR 1250.9[f][1][iv]), and upload digital copies of the supplemental brief, with proof of service thereof, through the digital portal on this Court's website, and shall file an original and five hard copies of the supplemental brief in accordance with any applicable administrative order or other order to be issued by the Court.

SCHEINKMAN, P.J., MILLER, MALTESE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court