Appellate Division: Second Judicial Department

M58058

E/mv

REINALDO E. RIVERA, J.P.

DAVID S. RITTER

EDWARD D. CARNI

WILLIAM E. McCARTHY, JJ.

2007-01108, 2007-05839 R.U.M.C. Realty Corp., appellant-respondent, v JCF Associates, LLC, respondent-appellant. (Appeal No. 1) R.U.M.C. Realty Corp., appellant, v JCF Associates, LLC, respondent. (Appeal No. 2) (Index No. 7336/04)

DECISION & ORDER ON MOTION

Motion by JCF Associates, LLC, to consolidate an appeal and cross appeal from an order of the Supreme Court, Kings County, dated December 15, 2006 (Appellate Division Docket No. 2007-01108), with an appeal from an order of the same court dated May 18, 2007 (Appellate Division Docket No. 2007-05839), to enlarge the time to perfect the appeal from the order dated December 15, 2006, and to "waiv[e] the [o]rder placing this case on inactive status."

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 appeal from the order dated December 15, 2006, is granted, the appellant-respondent's time to perfect the appeal is enlarged until October 5, 2007, and the joint record or appendix on the appeal and the appellant-respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the branch of the motion which is to "waiv[e] the [o]rder placing this case on inactive status" is denied without prejudice to seeking this relief in the Supreme Court.

RIVERA, J.P., RITTER, CARNI and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court