Appellate Division: Second Judicial Department

M109274

E/sl

REINALDO E. RIVERA, J.P.

DANIEL D. ANGIOLILLO

CHERYL E. CHAMBERS

LEONARD B. AUSTIN, JJ.

2009-10506, 2010-06783 Sergio Fuentes, appellant, et al., plaintiffs, v Alonzo Virgil, defendant, Rosa Martinez, respondent. (Appeal No. 1) Sergio Fuentes, respondent, et al., plaintiffs, v Alonzo Virgil, defendant, Rosa Martinez, appellant. (Appeal No. 2) (Index No. 17406-99)

DECISION & ORDER ON MOTION

Motion by Rosa Martinez, inter alia, to consolidate an appeal from an order of the Supreme Court, Suffolk County, dated July 9, 2009 (Appellate Division Docket No. 2009-10506), with an appeal from an order of the same court dated May 5, 2010 (Appellate Division Docket No. 2010-06783), and to enlarge the time to serve and file a brief in connection with the appeal from the order July 9, 2009.

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 is denied; and it is further;

ORDERED that on the court's own motion, the appeals will be calendered together and will be argued or submitted on the same day; and it is further;

ORDERED that on the court's own motion, Rosa Martinez shall perfect the appeal from the order dated May 5, 2010 (Appellate Division Docket No. 2010-06783), on or before December 24, 2010; and it is further;

ORDERED that the branch of the motion which is to enlarge the time of Rosa Martinez to serve and file a brief in connection with the appeal from the order dated July 9, 2009 (Appellate Division Docket No. 2009-10506), is granted, the time to serve and file a brief is enlarged until November 17, 2010, and the brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., ANGIOLILLO, CHAMBERS and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court