Rizzo v Sherwin Williams Company
Motion No: 2006-01516 +1
Slip Opinion No: 2007 NYSlipOp 60961(U)
Decided on January 12, 2007
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

M49346

E/sl

STEPHEN G. CRANE, J.P.

REINALDO E. RIVERA

GLORIA GOLDSTEIN

JOSEPH COVELLO, JJ.

2006-01516, 2006-08984

Michael Rizzo, et al., appellants, v Sherwin

Williams Company, et al., respondents.

(Index No. 02-3302)

DECISION & ORDER ON MOTION

Motion by the appellants to consolidate appeals from two orders of the Supreme Court, Orange County, dated January 3, 2006, and July 31, 2006, respectively, and to enlarge the time to perfect the appeal from the order dated January 3, 2006.

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order dated January 3, 2006 (Appellate Division Docket No. 2006-01516), is granted, the appellants' time to perfect the appeal is enlarged until March 9, 2007, 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 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., RIVERA, GOLDSTEIN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court