Appellate Division: Second Judicial Department

M100278

E/sl

STEVEN W. FISHER, J.P.

MARK C. DILLON

THOMAS A. DICKERSON

ARIEL E. BELEN, JJ.

2009-07871, 2010-01279 Digna Marrero, et al., appellants, v Crystal Nails, etc., et al., respondents. (Index No. 05-3496)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from two orders of the Supreme Court, Westchester County, entered June 30, 2009 (Appellate Division Docket No. 2009-07871), and December 24, 2009 (Appellate Division Docket No. 2010-01279), respectively, for leave to appeal from the order entered December 24, 2009, to the extent that the order denied reargument, to consolidate the appeals, and, in effect, to enlarge the time to perfect the appeal from the order entered June 30, 2009.

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 appeal from the order entered December 24, 2009 (Appellate Division Docket No. 2010-01279), to the extent that the order denied reargument is denied; and it is further,

ORDERED that on the court's own motion, the appeal purportedly taken as of right from so much of the order entered December 24, 2009, as denied reargument is dismissed, without costs or disbursements; 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 order entered June 30, 2009 (Appellate Division Docket No. 2009-07871), is granted the appellant's time to perfect that appeal is enlarged until May 24, 2010, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

FISHER, J.P., DILLON, DICKERSON and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court