| Billi v 62-64 Court Associates, Inc. |
| Motion No: 2006-09517 |
| Slip Opinion No: 2007 NYSlipOp 74751(U) |
| Decided on August 1, 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
M57851
E/sl
REINALDO E. RIVERA, J.P.
ROBERT A. SPOLZINO
JOSEPH COVELLO
WILLIAM E. McCARTHY, JJ.
|
2006-09517, 2007-05131 Mario Billi, plaintiff, v 62-64 Court Associates, Inc., defendant, Heights 75 Owners Corp., defendant first, third, and fourth third-party plaintiff-respondent; Kliti Waterproofing, Inc., fourth third-party plaintiff- respondent; John Pantanelli, et al., first and fourth third-party defendants-appellants; All City Insurance Co., third third-party defendant-appellant (and another third-party action). (Appeal No. 1) Mario Billi, plaintiff, v 62-64 Court Associates, Inc., defendant, Heights 75 Owners Corp., defendant third third-party plaintiff-respondent; All City Insurance Co., third third-party defendant-appellant (and other third-party actions) (Appeal No. 2) (Index No. 7536/93)
| DECISION & ORDER ON MOTION |
Motion by the appellant All City Insurance Co. to consolidate appeals from an order of the Supreme Court, Kings County, dated August 16, 2006, with an appeal from an order of the same court dated March 20, 2007, and to enlarge the time to perfect the appeals.
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 consolidate the appeals 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 branch of the motion which is to enlarge the time to perfect the appeals from the order dated August 16, 2006, is granted, the appellants' time to perfect the appeals is enlarged until October 1, 2007, and the joint record or appendix on the appeals and the appellants' respective briefs must be served and filed on or before that date; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order dated March 20, 2007, is denied as premature.
RIVERA, J.P., SPOLZINO, COVELLO and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court