| Aguirre v Long Island Rail Road Company |
| Motion No: 2007-08307 |
| Slip Opinion No: 2008 NYSlipOp 68007(U) |
| Decided on March 31, 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. |
Appellate Division: Second Judicial Department
M68345
E/sl
FRED T. SANTUCCI, J.P.
THOMAS A. DICKERSON
RANDALL T. ENG
ARIEL E. BELEN, JJ.
|
2007-08307, 2008-00638 Lincoln Aguirre, et al., appellants-respondents, v Long Island Rail Road Company, respondent- appellant. (Appeal No. 1) Lincoln Aguirre, et al., plaintiffs, Albito Velez Zapata, appellant, v Long Island Rail Road Company, respondent. (Appeal No. 2) (Index No. 26113/96)
| DECISION & ORDER ON MOTION |
Motion by Albito Velez Zapata to consolidate an appeal and cross appeal from an order of the Supreme Court, Kings County, dated July 16, 2007, with an appeal from a judgment of the same court dated September 13, 2007, and to enlarge the time to perfect the appeal from the order dated July 16, 2007. Cross motion by the Long Island Rail Road Company to dismiss the appeal from the order dated July 16, 2007, for failure to timely perfect the same and to vacate the judgment dated September 13, 2007.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to consolidate the appeals and cross appeal 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 July 16, 2007, is granted, the time to perfect the appeal is enlarged until May 30, 2008, and the joint record or appendix on the appeal and the appellants-respondents' brief must be served and filed on or before that date; and it is further,
ORDERED that the branch of the cross motion which is to dismiss the appeal from the order dated July 16, 2007, for failure to timely perfect the same is denied; and it is further,
ORDERED that the branch of the motion which is to vacate the judgment dated September 13, 2007, is held in abeyance and referred to the panel of Justices hearing that appeal for determination upon the argument or submission thereof, without prejudice to the Long Island Rail Road Company seeking the same relief in the Supreme Court, Kings County.
SANTUCCI, J.P., DICKERSON, ENG and BELEN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court