Appellate Division: Second Judicial Department

M100477

E/sl

REINALDO E. RIVERA, J.P.

MARK C. DILLON

ANITA R. FLORIO

RUTH C. BALKIN, JJ.

2009-09282, 2009-09715, 2009-11499 In the Matter of Marion C. W. (Anonymous). Lisa K. (Anonymous), et al., appellants; Fern Finkel, et al., respondents. (Appeal No. 1) In the Matter of Marion C. W. (Anonymous). Lisa K. (Anonymous), et al., appellants-respondents; JPMorgan Chase Bank, N.A., respondent-appellant; Fern Finkel, et al., respondents. (Appeal No. 2) In the Matter of Marion C. W. (Anonymous). Lisa K. (Anonymous), et al., respondents; Fern Finkel, et al., appellants. (Appeal No. 3) (Index No. 100303/07)

DECISION & ORDER ON MOTION

Motion by Lisa K., Patricia D., Russell S., and Barbara P. on appeals from two orders of the Supreme Court, Kings County, dated July 31, 2009 (Appellate Division Docket No. 2009-09282), and October 26, 2009 (Appellate Division Docket No. 2009-11499), respectively, and an appeal and cross appeal from an order of the same court dated October 2, 2009 (Appellate Division Docket No. 2009-09715), to dismiss the appeals from the order dated October 26, 2009, and the cross appeal from the order dated October 2, 2009, to consolidate their appeals from the orders dated July 31, 2009, and October 2, 2009, and to enlarge their time to perfect those 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 to dismiss the appeals from the order dated October 26, 2009, and the cross appeal from the order dated October 2, 2009, is denied without prejudice to the movants' raising the issue in their brief(s); and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals from the orders dated July 31, 2009, and October 2, 2009, 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 appeals from the orders dated July 31, 2009, and October 2, 2009, respectively (Appellate Division Docket Nos. 2009-09282 and 2009-09715), is granted, the time to perfect the appeals is enlarged until June 28, 2010, and Lisa K., Patricia D., Russell S., and Barbara P. shall serve and file a joint record on the appeals and their brief on or before that date; and it is further,

ORDERED that JPMorgan Chase Bank, N.A., shall serve and file its answering brief, including its points of argument on the cross appeal with respect to the order dated October 2, 2009 (see 22 NYCRR 670.8[c][3]) and its respondent's brief with respect to the order dated July 31, 2009, on or before July 28, 2010; and it is further,

ORDERED that the respondents shall serve and file briefs with respect to the order dated October 2, 2009, and the order dated July 31, 2009, if any, on or before August 27, 2010; and it is further,

ORDERED that Lisa K., Patricia D., Russell S., and Barbara P. shall serve and file a reply brief with respect to the order dated October 2, 2009, and the order dated July 31, 2009, if any, on or before September 27, 2010; and it is further,

ORDERED that JPMorgan Chase Bank, N.A., shall serve and file a reply brief with respect to the order dated October 2, 2009, and the order dated July 31, 2009, if any, on or before October 7, 2010; and it is further,

ORDERED that on the court's own motion, the time to perfect the appeals from the order dated October 26, 2009 (Appellate Division Docket No. 2009-11499), is enlarged until June 28, 2010, and JPMorgan Chase Bank, N.A., and Fern J. Finkel shall serve and file a joint record on the appeals and their briefs on or before that date; and it is further,

ORDERED that the respondents shall serve and file briefs with respect to the order dated October 26, 2009, if any, on or before July 28, 2010; and it is further,

ORDERED that JPMorgan Chase Bank, N.A., and Fern J. Finkel shall serve and file reply briefs with respect to the order dated October 26, 2009, if any, on or before August 27, 2010.

RIVERA, J.P., DILLON, FLORIO and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court