September's Food Systems, LLC v BRE Wellesley Propert
Motion No: 2007-00182
Slip Opinion No: 2007 NYSlipOp 73481(U)
Decided on July 11, 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

M57053

E/sl

HOWARD MILLER, J.P.

ROBERT W. SCHMIDT

MARK C. DILLON

EDWARD D. CARNI, JJ.

2007-00182, 2007-04794

September's Food Systems, LLC, et al.,

appellants, v BRE Wellesley Properties,

LLC, respondent.

(Index No. 06-11594)

DECISION & ORDER ON MOTION

Motion by the appellants to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, entered November 30, 2006, and to consolidate the appeal with an appeal from an order of the same court dated May 8, 2007.

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

ORDERED that the branch of the motion which is to enlarge time is granted; and it is further,

ORDERED that the appellants' time to perfect the appeal from the order dated November 30, 2006, is enlarged until November 19, 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 no further enlargements of time shall be granted; 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 22NYCRR 670.7[c][1]).

MILLER, J.P., SCHMIDT, DILLON and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court