Appellate Division: Second Judicial Department

M91366

E/sl

STEVEN W. FISHER, J.P.

MARK C. DILLON

JOSEPH COVELLO

RANDALL T. ENG, JJ.

2008-11639, 2009-07163 Elizabeth Kelleher, appellant, v Sheila Properties, Inc., et al., respondents. (Appeal No. 1) Sheila Properties, Inc., respondent-appellant, v A Real Good Plumber, Inc., et al., defendants, Elizabeth Kelleher, appellant-respondent. (Appeal No. 2) (Index Nos. 1103/06, 4599/08)

DECISION & ORDER ON MOTION

Motion by Elizabeth Kelleher to consolidate an appeal from an order of the Supreme Court, Kings County, dated November 13, 2008, with an appeal and cross appeal from an order of the same court dated June 1, 2009, and to enlarge the time to perfect the appeal from the order dated November 13, 2008.

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

ORDERED that the motion is granted; and it is further,

ORDERED that the parties shall file 10 copies of the joint record or appendix(es) on appeal and the parties' briefs; and it is further,

ORDERED that the Elizabeth Kelleher's time to perfect the appeal from the order dated November 13, 2008 (Appellate Division Docket No. 2008-11639), is enlarged until September 17, 2009, and the record or appendix and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time shall be granted; and it is further,

ORDERED that Sheila Properties, Inc., shall serve and file its answering brief, including its points of argument on the cross appeal, in accordance with the rules of the court (see 22 NYCRR 670.8[c][3]).

FISHER, J.P., DILLON, COVELLO and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court