Appellate Division: Second Judicial Department

M98281

E/sl

MARK C. DILLON, J.P.

FRED T. SANTUCCI

ANITA R. FLORIO

L. PRISCILLA HALL, JJ.

2009-00362, 2009-11726 In the Matter of Shimshon Jalas, et al., respondents, v Israel Halperin, et al., appellants. (Appeal No. 1) In the Matter of Shimshon Jalas, et al., petitioners- respondents-appellants, v Israel Halperin, et al., appellants-respondents, Adina S. Halperin, as administrator of the estate of Rae Ricky Halperin, respondent-respondent-appellant. (Appeal No. 2) (Index No. 42875/07)

DECISION & ORDER ON MOTION

Motion by the appellants to consolidate an appeal from an order of the Supreme Court, Kings County, dated November 25, 2008 (Appellate Division Docket No. 2009-00362), with an appeal and cross appeals from an order of the same court dated November 6, 2009 (Appellate Division Docket No. 2009-11726), and to enlarge the time to perfect the appeal from the order dated November 25, 2008.

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 consolidate the appeals and cross appeals is denied as unnecessary as the appeals and cross 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 order dated November 25, 2008 (Appellate Division Docket No. 2009-00362), is granted, and the appellants' time to perfect that appeal is enlarged until March 8, 2010, and the record or appendix 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.

DILLON, J.P., SANTUCCI, FLORIO and HALL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court