Jp Morgan Chase Bank N.a. as Trustee for the Registered Holders of Abfs Mortgage Loan Trust 2001-1 Mortgage Pass-through Certificates Series 2001-1- v Michael P. Malarkey Jr. Also Known as Michael Philip Malarkey Jr. et -.

Motion No: 505381

Slip Opinion No: 2009 NYSlipOp 61094(U)

Decided on January 5, 2009

Appellate Division, Third 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.

Decided and Entered: January 5, 2009

Case # 505381

JP MORGAN CHASE BANK, N.A., as Trustee for the Registered Holders of ABFS Mortgage Loan Trust 2001-1, Mortgage Pass-Through Certificates, Series 2001-1, Appellant-Respondent, v MICHAEL P. MALARKEY JR., Also Known as MICHAEL PHILIP MALARKEY JR., et al., Respondents- Appellants.

DECISION AND ORDER ON MOTION

Motion for extension of time to perfect appeals taken by appellants-respondents and to consolidate appeals and cross appeal.

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

ORDERED that the motion for an extension of time to perfect the appeals is granted, without costs, and the time to perfect the appeals is extended to March 6, 2009, and it is further

ORDERED that the motion to consolidate the appeals and the cross appeal is granted, without costs, to the extent that the appeals and the cross appeal may be perfected upon a joint record on appeal and the appeals taken by appellants-respondents may be perfected upon a joint brief.
CARDONA, P.J., ROSE, KANE, MALONE JR. and KAVANAGH, JJ., concur.
ENTER:

Michael J. Novack
Clerk of the Court