Gam v Dvir
Motion No: 2019-07603
Slip Opinion No: 2021 NY Slip Op 62408(U)
Decided on February 26, 2021
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

M275786

E/sl

CHERYL E. CHAMBERS, J.P.

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE

ANGELA G. IANNACCI, JJ.

2019-07603, 2020-09262

Efrat Gam, et al., appellants-respondents,

v Joseph Dvir, respondent-appellant.

(Index No. 701298/2017)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, entered May 22, 2019, and appeal and cross appeal from a judgment of the same court entered December 9, 2020. Motion by Joseph Dvir, in effect, to consolidate the appeal from the order with the appeal and cross appeal from the judgment.

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

ORDERED that the motion is granted, and (1) on or before April 27, 2021, the parties shall submit corrected covers for the record and briefs filed with the Clerk of the Court which contain Appellate Division Docket No. 2020-09262 in addition to Appellate Division Docket No. 2019-07603, change the caption to reflect the parties' appellate status as set forth above, and correct the labels to reflect that the record is a joint record and the briefs are submitted by the parties with the appellate designations set forth above, (2) on or before April 27, 2021, the parties shall file replacement digital copies of the replacement joint record and briefs via NYSCEF with the corrected covers, (3) on or before April 27, 2021, Joseph Dvir shall file a supplemental brief containing his points of argument in connection with the judgment and a supplemental joint record which contains any papers constituting the record on the appeal and cross appeal from the judgment that are not contained in the joint record filed in connection with the appeal from the order, (4) Joseph Dvir shall file originals and five hard copies of the supplemental brief and the supplemental joint record in accordance with any applicable administrative order or other order to be issued by the Court, and (5) Efrat Gam and Slim's Bagles & Bialys, Inc., shall serve and file a supplemental answering brief containing their points of argument in connection with the judgment, and the parties shall serve and file supplemental reply briefs in accordance with the rules of this Court.

CHAMBERS, J.P., HINDS-RADIX, LASALLE and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court