Opinion
2014-11031 2015-04222 2015-11160
06-07-2016
Drena Mileski, et al., plaintiffs, v. MSC Industrial Direct Co., Inc., defendant third-party plaintiff-respondent-appellant, et al., defendants; Buffalo Machinery Co., Ltd., third-party defendant-appellant-respondent, et al., third-party defendant. (Appeals No. 1 and 2) Drena Mileski, et al., plaintiffs, v. MSC Industrial Direct Co., Inc., defendant third-party plaintiff-appellant, et al., defendants; Buffalo Machinery Co., Ltd., third-party defendant-respondent, et al., third-party defendant. (Appeal No. 3)
M212832
S/sl
MARK C. DILLON, J.P.
CHERYL E. CHAMBERS
SYLVIA O. HINDS-RADIX
VALERIE BRATHWAITE NELSON, JJ.
(Index No. 10391/09)
DECISION & ORDER ON MOTION
Motion by MSC Industrial Direct Co., Inc., on appeals and cross appeals from two orders of the Supreme Court, Suffolk County, dated September 11, 2014, and March 3, 2015, respectively (Appellate Division Docket Nos. 2014-11031 and 2015-04222) and an appeal from an order and judgment (one paper) of the same court dated October 5, 2015, to enlarge the time to perfect the appeal from the order and judgment until such time as the Supreme Court determines a pending motion and a notice of appeal is filed from any order determining the motion, for leave to refer to the joint record filed in connection with appeals and cross appeals from the orders dated September 11, 2014, and March 3, 2015, in the brief it will serve and file in connection with the appeal from the order and judgment dated October 5, 2015, and any order issued in connection with the pending motion, and for leave to perfect those appeals on an appendix containing only the papers filed in connection with any appeal taken from the order issued in connection with the pending motion.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion the appeals are consolidated, the joint record filed in connection with the appeals from the orders dated September 11, 2014, and March 3, 2015, is deemed to also be the record on the appeal from the order and judgment dated October 5, 2015, and on or before August 8, 2016, MSC Industrial Direct Co., Inc., shall serve and file a supplemental record containing the notice of appeal from the order and judgment dated October 5, 2015, and a brief raising any arguments on its appeal from the order and judgment dated October 5, 2015; and it is further,
ORDERED that the brief of the respondent and any reply brief shall be served and filed in accordance with the rules of this Court (see 22 NYCRR 670.8[b]); and it is further,
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order and judgment dated October 5, 2015, is granted to the extent set forth above and the motion is otherwise denied.
DILLON, J.P., CHAMBERS, HINDS-RADIX and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court