Martinez v Ergas
Motion No: 2007-03812
Slip Opinion No: 2008 NYSlipOp 65989(U)
Decided on March 11, 2008
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M67420

E/nl

STEVEN W. FISHER, J.P.

DAVID S. RITTER

MARK C. DILLON

WILLIAM E. McCARTHY, JJ.

2007-03812, 2007-08787

Ute Martinez, et al., appellants,

v Enrique Ergas, etc., respondent.

(Index No. 37245/01)

DECISION & ORDER ON MOTION

Motion by the appellants to consolidate an appeal from an order of the Supreme Court, Kings County, dated March 23, 2007, with an appeal from an order of the same court dated July 6, 2007, and to enlarge the time to perfect the appeals.

Upon the papers filed in support of the motion and the papers filed in opposition 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]).

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeals is granted and the appellants' time to perfect the appeal is enlarged until April 17, 2008, and the record or appendix on the appeals and the appellants' 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.

FISHER, J.P., RITTER, DILLON and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court