Appellate Division: Second Judicial Department

M63046

E/sl

DAVID S. RITTER, J.P.

ANITA R. FLORIO

WILLIAM E. McCARTHY

THOMAS A. DICKERSON, JJ.

2007-00029, 2007-00030, 2007-00031 Debcon Financial Services, Inc., plaintiff, v 83-17 Broadway Corp., appellant, et al., defendant; Brett Morgan, LLC, nonparty- respondent. (Appeals 1 & 2) (Index No. 9555/98) Debcon Financial Services, Inc., plaintiff- respondent, v 83-17 Broadway Corp., appellant, Demetra Sirica, et al., defendants-respondents; Joseph Noormand, et al., nonparty-respondents. (Appeal No. 3) (Index No. 21257/98)

DECISION & ORDER ON MOTION

Motion by the appellant to consolidate appeals from three orders of the Supreme Court, Queens County, all entered November 22, 2006, and to enlarge the time to perfect the appeals. Cross motion by the nonparty-respondent Brett Morgan, LLC, to dismiss the appeals on the ground, inter alia, that they were not timely perfected.

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

ORDERED that motion is granted; and it is further,

ORDERED that the parties shall serve and file 10 copies of the record or appendix on appeals and their briefs; and it is further,

ORDERED the appellant's time to perfect the appeals is enlarged until February 1, 2008, and the record or appendix on the appeals and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time shall be granted; and it is further,

ORDERED that the cross motion by the respondent to dismiss the appeals is denied.

RITTER, J.P., FLORIO, McCARTHY and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court