Garcia v Shah
Motion No: 2019-09543
Slip Opinion No: 2021 NY Slip Op 65894(U)
Decided on May 10, 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

M277027

E/sl

MARK C. DILLON, J.P.

LEONARD B. AUSTIN

BETSY BARROS

ANGELA G. IANNACCI, JJ.

2019-09543, 2020-09741

Imelda Garcia, plaintiff, v Darshan Shah,

et al., defendants third-party plaintiffs-

respondents; Occidental Fire & Casualty

Company of North Carolina, third-party

defendant-appellant.

(Index No. 609390/2018)

DECISION & ORDER ON MOTION

Appeals from an order of the Supreme Court, Nassau County, dated June 28, 2019, and a judgment of the same court entered December 8, 2020. Motion by the third-party defendant-appellant, in effect, to consolidate the appeals and for leave to serve and file a supplemental record.

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

ORDERED that the motion is granted, the record and briefs filed in connection with the appeal from the order are deemed also to be filed in connection with the appeal from the judgment, on or before June 9, 2021, the third-party defendant-appellant shall initialize the appeal from the order for efiling, the parties shall submit corrected covers for the copies of the record and briefs filed with the Clerk of the Court, which contain Appellate Division Docket No. 2020-09741 in addition to Appellate Division Docket No. 2019-09543, and file, via NYSCEF, replacement digital copies of the record and briefs which contain the corrected covers, and the third-party defendant-appellant shall serve and file a supplemental record via NYSCEF containing the judgment and the notice of appeal from the judgment, and the third-party defendant-appellant shall file an original and five hard copies of the supplemental record in accordance with any applicable administrative order or other order to be issued by the Court.

DILLON, J.P., AUSTIN, BARROS and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court