Appellate Division: Second Judicial Department

M84149

E/cb

A. GAIL PRUDENTI, P.J.

FRED T. SANTUCCI

ANITA R. FLORIO

ARIEL E. BELEN, JJ.

2008-06634, 2009-01689 Patsy Morgan, et al., appellants, v Windham Realty, LLC, et al., defendants- respondents, Francis Company, L.P., et al., defendants third-party plaintiffs/second third-party plaintiffs-respondents; Corporate Service Network, Inc., third-party defendant- respondent; Blacktop Unlimited, Inc., second third-party defendant-respondent. (Index No. 9680/06)

DECISION & ORDER ON MOTION

Motion by the appellants to enlarge the time to perfect an appeal from an order of the Supreme Court, Nassau County, entered June 11, 2008, and to consolidate that appeal with an appeal from an order of the same court entered January 8, 2009.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order entered June 11, 2008, is granted, the appellants' time to perfect the appeal is enlarged until May 7, 2009, and the record or appendix on the appeal and the appellants' 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]).

PRUDENTI, P.J., SANTUCCI, FLORIO and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court