Appellate Division: Second Judicial Department

M51546

E/sl

A. GAIL PRUDENTI, P.J.

STEVEN W. FISHER

EDWARD D. CARNI

WILLIAM E. McCARTHY, JJ.

2006-10512 Popular Financial Services, LLC, respondent- appellant, v Waveney Williams, et al., respondents, Ehome Credit Corp., etc., et al., appellants- respondents, et al., defendant. (Index No. 19996/02)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant on an appeal and cross appeal from an order of the Supreme Court, Kings County, dated September 27, 2006, to consolidate the matter docketed under Appellate Division Docket No. 2006-10512 with the matter docketed under Appellate Division Docket No. 2006-10708, for leave to perfect the matters on one record, and, in effect, to enlarge the time to serve and file its answering brief, including its points of argument on the cross appeal. Cross motion by the appellants-respondents to stay the trial in the above-entitled action pending hearing and determination of the appeal.

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

ORDERED that the branches of the motion which are to consolidate the matter docketed under Appellate Division Docket No. 2006-10512 with the matter docketed on Appellate Division Docket No. 2006-10708 and for leave to perfect the matters under one record are denied as unnecessary as Appellate Division Docket No. 2006-10708 was created in error and the records of the court have been corrected to reflect that the appeal and cross appeal are docketed under Appellate Division Docket No. 2006-10512; and it is further,

ORDERED that the branch of the motion which is, in effect, to enlarge the time to serve and file an answering brief, including points of argument on the cross appeal, is granted, the respondent-appellant shall serve and file its answering brief, including its points of argument on the cross appeal, on or before April 4, 2007 (see 22 NYCRR 670.8[c][3]), and the answering brief shall be served and filed on or before that date; and it is further,

ORDERED that the respondents shall serve and file their brief, if any, on or before May 9, 2007, the appellants-respondents shall serve and file their reply brief, if any, on or before June 14, 2007, and the respondent-appellant shall serve and file its reply brief, if any, on or before June 29, 2007; and it is further,

ORDERED that the cross motion is denied.

PRUDENTI, P.J., FISHER, CARNI and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court