| Merrill Lynch Business Financial Services, Inc. v Peak He |
| Motion No: 2006-06650 +1 |
| Slip Opinion No: 2007 NYSlipOp 62918(U) |
| Decided on February 9, 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. |
Appellate Division: Second Judicial Department
M50707
E/sl
WILLIAM F. MASTRO, J.P.
REINALDO E. RIVERA
MARK C. DILLON
EDWARD D. CARNI, JJ.
|
2006-06650, 2006-09028 Merrill Lynch Business Financial Services, Inc., respondent, v Peak Health Club, Inc., et al., defendants, Washington Mutual Bank, FA, etc., appellant (and a third-party action). (Index No. 4068/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant to consolidate appeals from an order of the Supreme Court, Nassau County, dated May 2, 2006, and a judgment of the same court dated July 31, 2006.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion 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 appellant's time to perfect the appeal from the order dated May 2, 2006, is enlarged until March 19, 2007, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
MASTRO, J.P., RIVERA, DILLON and CARNI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court