Appellate Division: Second Judicial Department

M47352

O/sl

ROBERT W. SCHMIDT, J.P.

DAVID S. RITTER

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2006-02039 Leeds, Morelli & Brown, P.C., plaintiff- appellant, v Brian Hodge, defendant third- party plaintiff-respondent; Prudential Securities, Inc., third-party defendant, Lenard Leeds, et al., third-party defendants-appellants. (Appeal No. 1) 2006-08583 Leeds, Morelli & Brown, P.C., plaintiff- respondent-appellant, v Brian Hodge, defendant third-party plaintiff-appellant-respondent; Prudential Securities, Inc., third-party defendant, Lenard Leeds, et al., third-party defendants-respondents-appellants. (Appeal No. 2) (Index No. 17971/04)

DECISION & ORDER ON MOTION

Motion by the appellants in Appeal No. 1 and the respondents-appellants in Appeal No. 2 on an appeal from an order of the Supreme Court, Nassau County, dated July 19, 2005 (Appellate Division Docket No. 2006-02039), and an appeal and cross appeal from an order of the same court dated July 12, 2006 (Appellate Division Docket No. 2006-08583), to consolidate the appeals and cross appeal, and to enlarge the time to perfect the appeal from the order dated July 19, 2005.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that on the court's own motion, the cross appeal from the order dated July 12, 2006 (Appellate Division Docket No. 2006-08583), is dismissed, without costs or disbursements, as no appeal lies as of right from so much of the order as directed a hearing to aid in the disposition of the respondents-appellants' motion (see Bagdy v Progresso Foods Corp., 86 AD2d 589), and we decline to grant leave to appeal; 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]); and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order dated July 19, 2005 (Appellate Division Docket No. 2006-02039), is granted; and it is further,

ORDERED that the appellants' time to perfect the appeal from the order dated July 19, 2005, is enlarged until January 29, 2007, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

SCHMIDT, J.P., RITTER, RIVERA and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court