Bloch v Casella Wood, LLC
Motion No: 2022-00091
Slip Opinion No: 2024 NY Slip Op 61769(U)
Decided on February 5, 2024
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

M294019

KS/

FRANCESCA E. CONNOLLY, J.P.

CHERYL E. CHAMBERS

LARA J. GENOVESI

LAURENCE L. LOVE, JJ.

2022-00091, 2023-06522

Dean L. Bloch, etc., et al., respondents,

v Casella Wood, LLC, etc., et al., appellants.

(Index No. 52652/2016)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Dutchess County, dated December 14, 2021, and a judgment of the same court, dated July 6, 2023. Motion by the appellants to consolidate the appeals, in effect, to deem the record and briefs filed in connection with the appeal from the order also to be filed in connection with the appeal from the judgment, and for a preference in the calendaring of the appeals.

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 branches of the motion which are to consolidate the appeals and, in effect, to deem the record and briefs filed in connection with the appeal from the order also to be filed in connection with the appeal from the judgment are granted, the appeals are consolidated, 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 March 6, 2024, the parties shall serve and file, via NYSCEF, replacement digital copies of the record and briefs which contain Appellate Division Docket No. 2023-06522 in addition to Appellate Division Docket No. 2022-00091 on the covers, and on or before March 6, 2024, the appellants shall serve and file a supplemental record containing the judgment and the notice of appeal from the judgment via NYSCEF; and it is further,

ORDERED that the branch of the motion which is for a preference in the calendaring of the appeals is granted and the appeals will be calendared expeditiously after the replacement digital copies of the record and briefs and the supplemental record have been filed.

CONNOLLY, J.P., CHAMBERS, GENOVESI and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court