Appellate Division: Second Judicial Department

M49336

E/sl

HOWARD MILLER, J.P.

ROBERT A. SPOLZINO

DAVID S. RITTER

MARK C. DILLON, JJ.

2006-05808 Carley Gervais, et al., appellants-respondents, v Page Transportation, Inc., et al., respondents- appellants, et al., defendants. (Appeal No. 1) (Index No. 1878/03) 2006-05809 Kenneth Schalk, appellant-respondent, v Clair Kerrick, Sr., et al., respondents-appellants, et al., defendant. (Appeal No. 2) (Index No. 220/03)

DECISION & ORDER ON MOTION

Motion by the appellants-respondents in Appeal No. 1 and the appellant-respondent in Appeal No. 2, to consolidate appeals and cross appeals from two orders of the Supreme Court, Kings County, both dated April 28, 2006, and to enlarge the time to perfect the appeals. Application by the respondents-appellants in Appeal No. 1 and Appeal No. 2 to enlarge the time to serve and file an answering brief, including points of argument on the cross appeals (see 22 NYCRR 670.7[c]).

Upon the papers filed in support of the motion and the application, and the papers filed in relation to the motion, it is

ORDERED that the motion is granted; and it is further,

ORDERED that the parties shall file 10 copies of the joint record or appendix and 10 copies of their respective briefs; and it further,

ORDERED that the appellants-respondents' time to perfect the appeals is enlarged until March 13, 2007, and the joint record or appendix on the appeals and the appellants-respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that the application is granted, and the respondents-appellants' time to serve and file an answering brief, including points of argument on the cross appeals (see 22 NYCRR 670.7[c]), is enlarged until May 14, 2007, and the answering brief must be served and filed on or before that date.

MILLER, J.P., SPOLZINO, RITTER and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court