Appellate Division: Second Judicial Department

M57631

S/nl

DAVID S. RITTER, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

JOSEPH COVELLO, JJ.

2006-11043 Patricia Purgess, respondent, v Jacobs and Jacobs, et al., appellants. (Appeal No. 1) (Index No. 7413/04) 2007-05557 Patricia Purgess, appellant, v Women's Imaging Center of Orange County, etc., et al., respondents. (Appeal No.2) (Index No. 7065/93)

DECISION & ORDER ON MOTION

Motion by Patricia Purgess to enlarge the record on an appeal from an order of the Supreme Court, Orange County, dated October 30, 2006, to include, inter alia, an order of the same court dated April 24, 2007. Cross motion by Markovits & Markovits, Esqs., and Robert L. Markovits to enlarge the record on the appeal from the order dated October 30, 2006, to include certain papers submitted in connection with the motion that was determined by the order dated April 24, 2007.

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

ORDERED that the motions are denied; and it is further,

ORDERED that on the court's own motion, Patricia Purgess is directed to perfect the appeal from the order dated April 24, 2007 (Appellate Division Docket No. 2007-05557), on or before September 24, 2007, the appeal from the order dated April 24, 2007, will be calendared together with the appeal from the order dated October 30, 2006 2007 (Appellate Division Docket No. 2006-11043), and the appeals will be argued or submitted on the same day.

RITTER, J.P., KRAUSMAN, GOLDSTEIN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court