Appellate Division: Second Judicial Department

M68757

E/sl

HOWARD MILLER, J.P.

MARK C. DILLON

EDWARD D. CARNI

RUTH C. BALKIN, JJ.

2008-00969, 2007-04575 Don Dokaj, et al., appellants, v Ruxton Tower Limited Partnership, et al., respondent (and a third-party action). (Index No. 3298/94)

DECISION & ORDER ON MOTION

Separate motions by the respondents Ruxton Tower Limited Partnership, Jeffrey B. Lewis, and Eric D. Rosenfeld and the respondent Armor Kone Elevator, Inc., to dismiss an appeal from an order of the Supreme Court, Queens County, entered September 27, 2005, as untimely taken. Cross motion by the appellants to consolidate the appeal from the order entered September 27, 2005, with an appeal from an order of the same court dated January 26, 2007.

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 motions to dismiss the appeal are held in abeyance and referred to the panel of Justices hearing the appeal from the order entered September 27, 2005, for determination upon the argument or submission thereof; and it is further,

ORDERED that the cross motion is granted to the extent that the appeals will be calendared together and will be argued or submitted on the same day on condition that the appeal from the order entered September 27, 2005, is perfected on or before May 7, 2008.

MILLER, J.P., DILLON, CARNI and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court