Appellate Division: Second Judicial Department

M271787

E/sl

ALAN D. SCHEINKMAN, P.J.

LEONARD B. AUSTIN

ANGELA G. IANNACCI

PAUL WOOTEN, JJ.

2018-13903 Todd E. Freed, et al., respondents, v Barbara Best, defendant, Zarko Svatovic, appellant. (Index No. 1247/2014)

DECISION & ORDER ON MOTION

2018-14905, 2018-14906

Todd E. Freed, et al., respondents,

v Barbara Best, defendant, Zarko Svatovic, appellant.

(Index No. 1247/2014)

Appeals from an order of the Supreme Court, Suffolk County, dated September 28, 2018, a judgment of the same court entered October 19, 2018, and an amended judgment of the same court entered October 23, 2018. Motion by the respondents, inter alia, to consolidate the appeal from the order with the appeals from the judgment and the amended judgment, to deem the respondents' brief and the respondents' appendix filed in connection with the appeal from the order to also be filed in connection with the appeals from the judgment and the amended judgment, and to strike stated portions of the appellant's appendix filed in connection with the appeals from the judgment and the amended judgment. Separate motion by the appellant, in effect, for leave to file a surreply to the respondent's motion.

Upon the papers filed in support of the respondents' motion and the papers filed in opposition thereto, and upon the papers filed in support of the appellant's motion and the papers filed in opposition thereto, it is

ORDERED that the motions are denied.

SCHEINKMAN, P.J., AUSTIN, IANNACCI and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court