Appellate Division: Second Judicial Department

M94588

E/sl

REINALDO E. RIVERA, J.P.

THOMAS A. DICKERSON

L. PRISCILLA HALL

PLUMMER E. LOTT, JJ.

2009-01625, 2009-01626 Craig Miller, appellant, v Cruise Fantasies, Ltd., et al., respondents. (Index No. 07-5683)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from an order of the Supreme Court, Westchester County, dated January 29, 2009, and a judgment of the same court also dated January 29, 2009, for leave to refer in his brief to the appellant's appendix, the appellant's supplemental appendix, and the respondents' appendix filed in connection with related appeals, to enlarge the time to perfect the appeals, and to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appendix that he will file in connection with the instant appeals.

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

ORDERED that the branch of the motion which is for leave to refer in his brief to appendices filed in connection with related appeals is granted, and the parties' briefs filed in connection with the above-entitled appeals may refer to the appellant's appendix, the appellant's supplemental appendix, and the respondents' appendix filed in connection with the appeals pending under Appellate Division Docket Nos. 2008-02362, 2008-02363, 2008-04432; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeals is granted, the appellant's time to perfect the appeals is enlarged until December 18, 2009, and the record or appendix on the appeals and the appellant's 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 waive the certification requirement is denied with leave to renew after the appellant files an appendix.

RIVERA, J.P., DICKERSON, HALL and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court