Appellate Division: Second Judicial Department

M311064

ID/

COLLEEN D. DUFFY, J.P.

DEBORAH A. DOWLING

JANICE A. TAYLOR

PHILLIP HOM, JJ.

2021-04093, 2021-04094 Scott G. Rosenthal, et al., respondents- appellants, v Nicholas Gordon, etc., appellant-respondent. (Index No. 23386/2004)

DECISION & ORDER ON MOTION

2025-05723

Scott G. Rosenthal, et al., respondents-

appellants, et al., respondents, v Nicholas

Gordon, etc., appellant-respondent.

(Index No. 23386/2004)

2025-08106

Scott G. Rosenthal, et al., respondents,

v Nicholas Gordon, etc., appellant.

(Index No. 23386/2004)

Appeals and cross-appeals from an interlocutory judgment of the Supreme Court, Kings County, dated December 23, 2013, an order of the same the court dated April 7, 2017, and an amended interlocutory judgment of the same court dated April 3, 2025, and appeal from an order of the same court dated June 4, 2025. The appeal from the order dated June 4, 2025, has been deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by Scott G. Rosenthal, 1876 Bleecker LLC, 62-64 S. Elliot LLC, 1342 Bergen LLC and Schaeffer Holdings LLC, inter alia, in effect, to consolidate the appeals and cross-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 branch of the motion which is to consolidate the appeals and cross-appeals is granted to the extent that the appeals and cross-appeals from the interlocutory judgment and the order dated April 7, 2017, are consolidated with the appeal and cross-appeal from the amended interlocutory judgment, the joint record and briefs filed in connection with the appeals and cross-appeals from the interlocutory judgment and the order dated April 7, 2017, are deemed also to be filed in connection with the appeal and cross-appeal from the amended interlocutory judgment, on or about March 6, 2026, the parties shall serve and file, via NYSCEF, a replacement joint record and briefs which contain Appellate Division Docket No. 2025-05723 in addition to Appellate Division Docket Nos. 2021-04094 and 2021-04093, and on or before March 6, 2026, Nicholas Gordon shall serve and file, via NYSCEF, a supplemental brief containing any points of argument in connection with the appeal from the amended interlocutory judgment, and a supplemental joint record which contains any papers constituting the record on appeal from the amended interlocutory judgment that are not already contained in the joint record filed in connection with the appeal from the interlocutory judgment and order dated April 7, 2017, and this branch of the motion is otherwise denied as academic; and it is further,

ORDERED that the motion is otherwise denied.

DUFFY, J.P., DOWLING, TAYLOR and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court