Appellate Division: Second Judicial Department

M96654

E/sl

FRED T. SANTUCCI, J.P.

THOMAS A. DICKERSON

RANDALL T. ENG

CHERYL E. CHAMBERS, JJ.

2009-05319, 2009-11252 Terezia Zulic, et al., appellants, v Gianni Persich, et al., respondents. (Index No. 29260/00)

DECISION & ORDER ON MOTION

Motion by the appellants for leave to appeal from an order of the Supreme Court, Queens County, entered October 9, 2009, to consolidate that appeal with an appeal from a judgment of the same court entered April 20, 2009, and to enlarge the time to perfect the appeal from the judgment.

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 for leave to appeal from so much of the order entered October 9, 2009, as denied reargument is denied; and it is further,

ORDERED that the branch of the motion which is for leave to appeal from so much of the order entered October 9, 2009, as denied renewal is denied as unnecessary as that portion of the order is appealable as of right and the appellant's motion papers are deemed to be a timely notice of appeal from that portion of the order (see CPLR 5520[b]); 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]); and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the judgment entered April 20, 2009, is granted, the appellants' time to perfect that appeal is enlarged until March 1, 2010, 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 no further enlargement of time shall be granted.

SANTUCCI, J.P., DICKERSON, ENG and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court