Opinion
2011-11933 2012-08956 Index No. 50063/07 M152503
03-06-2013
Jamie DiPalma, respondent-appellant, v. Mark DiPalma, appellant-respondent.
, J.P.
LEONARD B. AUSTIN
SANDRA L. SGROI
JEFFREY A. COHEN, JJ.
DECISION & ORDER ON MOTION
On the Court's own motion, it is
ORDERED that the decision and order on motion of this Court dated March 1, 2013, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by Mark DiPalma to consolidate an appeal and cross appeal from an order of the Supreme Court, Richmond County, dated November 1, 2011, with an appeal from a judgment of the same court dated August 15, 2012.
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, and the joint record and briefs filed in connection with the appeal and cross appeal from the order are deemed to be the record and briefs filed in connection with the appeal from the judgment; and it is further,
ORDERED that on or before March 22, 2013, Mark DiPalma shall serve and file a supplemental record containing a copy of the judgment and the notice of appeal from the judgment.
DILLON, J.P., AUSTIN, SGROI and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court