Appellate Division: Second Judicial Department

M58940

E/sl

HOWARD MILLER, J.P.

FRED T. SANTUCCI

ROBERT A. LIFSON

DANIEL D. ANGIOLILLO, JJ.

2007-00089 Rondack Construction Services, Inc., plaintiff- respondent, v Kaatsbaan International Dance Center, Inc., appellant; Tbays, LLC, nonparty-respondent. (Action No. 1) (Index No. 6260/05) 2007-03323 Kaatsbaan International Dance Center, Inc., appellant, v Tbays, LLC, et al., respondents. (Action No. 2) (Index No. 145/07)

DECISION & ORDER ON MOTION

Motion by the appellant in both actions to consolidate an appeal from an order of the Supreme Court, Dutchess County, dated December 11, 2006 (Appellate Division Docket No. 2007-00089), with an appeal from an order of the same court dated April 3, 2007 (Appellate Division Docket No. 2007-03323) . Separate motion by Rondack Construction Services, Inc., to dismiss the appeal from the order dated December 11, 2006, for failure to timely perfect the same. Cross motion by the appellant to enlarge the time to perfect the appeal from the order dated December 11, 2006.

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

ORDERED that the motion to consolidate is denied; and it is further,

ORDERED that on the court's own motion, the appeals shall be calendared together, and shall be argued or submitted on the same day; and it is further,

ORDERED that the motion to dismiss the appeal from the order dated December 11, 2006, is denied; and it is further,

ORDERED that the cross motion is granted, the appellant's time to perfect the appeal from the order dated December 11, 2006, is enlarged until October 9, 2007, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

MILLER, J.P., SANTUCCI, LIFSON and ANGIOLILLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court