Starr v Rogers
Motion No: 2006-00845 +1
Slip Opinion No: 2006 NYSlipOp 76987(U)
Decided on October 2, 2006
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

M45251

C/sl

STEPHEN G. CRANE, J.P.

GABRIEL M. KRAUSMAN

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2006-00845, 2006-08048

Steven Starr, et al., appellants,

v Scott Rogers, respondent.

(Index No. 04-2770)

DECISION & ORDER ON MOTION

Motion by the appellants to consolidate appeals from two orders of the Supreme Court, Westchester County, dated December 9, 2005, and May 5, 2006, respectively, and to enlarge the time to perfect the appeal from the order dated December 9, 2005.

Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order dated December 9, 2005, is granted, the appellants' time to perfect the appeal from that order is enlarged until December 6, 2006, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted on the appeal from the order dated December 9, 2005; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary, as the appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]).

CRANE, J.P., KRAUSMAN, SPOLZINO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court