Appellate Division: Second Judicial Department

M85980

B/cb

ROBERT A. SPOLZINO, J.P.

JOSEPH COVELLO

DANIEL D. ANGIOLILLO

THOMAS A. DICKERSON, JJ.

2008-10423, 2009-02938 Hector Albarrocin, respondent, v 206-20 Linden, LLC, defendant third- party plaintiff-appellant; Daniel Metal Work, Inc., third-party defendant- appellant. (Index No. 8573/07)

DECISION & ORDER ON MOTION

Separate motions by 206-20 Linden, LLC, and Daniel Metal Work, Inc., to consolidate appeals from two orders of the Supreme Court, Kings County, dated October 6, 2008, and February 6, 2009, respectively, and to enlarge the time to perfect the appeals from the order dated October 6, 2008. Application by 206-20 Linden, LLC, pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeals from the order dated October 6, 2008.

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

ORDERED that the branches of the motions which are to consolidate the appeals are 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 branches of the motions which are to enlarge the time to perfect the appeals from the order dated October 6, 2008 (Appellate Division Docket No. 2008-10423), and the application are granted, the appellants' time to perfect those appeals is enlarged until July 30, 2009, and the joint record or appendix on the appeals and the appellants' briefs must be served and filed on or before that date.

SPOLZINO, J.P., COVELLO, ANGIOLILLO and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court