| Berger v Mazzarone |
| Motion No: 2019-11267 |
| Slip Opinion No: 2021 NY Slip Op 74386(U) |
| Decided on November 12, 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. |
Appellate Division: Second Judicial Department
M280052
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REINALDO E. RIVERA, J.P.
VALERIE BRATHWAITE NELSON
LINDA CHRISTOPHER
LARA J. GENOVESI, JJ.
|
2019-11267, 2021-05806 Dana J. Berger, appellant, v Jason Mazzarone, et al., respondents. (Index No. 616162/2017)
| DECISION & ORDER ON MOTION |
Appeals from an order of the Supreme Court, Suffolk County, dated August 28, 2019, and a judgment of the same court entered June 25, 2021. By order to show cause dated September 15, 2021, the parties to the appeals were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal from the order on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of the judgment. Motion by the appellant, inter alia, to consolidate the appeal from the order with the appeal from the judgment.
Now, upon the order to show cause and the papers filed in response thereto and 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 to consolidate the appeals is granted, and on or before January 11, 2022, the parties shall file replacement digital copies of the record and briefs via NYSCEF with corrected covers for the record and briefs which contain Appellate Division Docket No. 2021-05806 in addition to Appellate Division Docket No. 2019-11267, and the appellant shall serve and file via NYSCEF a supplemental brief containing her points of argument in connection with the appeal from the judgment and a supplemental record which contains any papers constituting the record on the appeal from the judgment that are not contained in the record filed in connection with the appeal from the order; and it is further,
ORDERED that the motion to dismiss the appeal from the order is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof.
RIVERA, J.P., BRATHWAITE NELSON, CHRISTOPHER and GENOVESI, JJ., concur.
ENTER:
Maria T. Fasulo
Acting Clerk of the Court