Appellate Division: Second Judicial Department

M68711

E/sl

DAVID S. RITTER, J.P.

JOSEPH COVELLO

EDWARD D. CARNI

RANDALL T. ENG, JJ.

2007-10217, 2007-10270, 2007-10272, 2008-01660 State Farm Mutual Automobile Insurance Company, plaintiff-respondent, v TIG Insurance Company, et al., defendants third-party plaintiffs- respondents, Progressive Casualty Insurance Company, appellant, Benny Shabtai, defendant- respondent; Seville Watch Corp., et al., third-party defendants-respondents. (Index No. 8932/05)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect appeals from four orders of the Supreme Court, Kings County, all dated September 18, 2007. Separate applications by Seville Watch Company and Benny Shabtai and Hanover Insurance Company to enlarge their time to serve and file their briefs.

Upon the papers filed in support of the motion and the papers filed in relation thereto, and upon the application, it is

ORDERED that on the court's own motion, the notices of appeal for the appeals docketed under Appellate Division Docket Nos. 2007-10217 and 2007-10272 are treated as applications for leave to appeal from the orders docketed under those docket numbers, and leave to appeal is granted; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeals is granted, the appellant's time to perfect the appeals is enlarged until July 7, 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 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 applications are denied as premature.

RITTER, J.P., COVELLO, CARNI and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court