Appellate Division: Second Judicial Department

M113294

E/sl

MARK C. DILLON, J.P.

L. PRISCILLA HALL

LEONARD B. AUSTIN

JEFFREY A. COHEN, JJ.

2009-09557, 2010-08074 David Broser, respondent, v Clark Schubach, et al., appellants. (Appeal No. 1) David Broser, appellant, v Clark Schubach, et al., respondents. (Appeal No. 2) (Index No. 4446/07)

DECISION & ORDER ON MOTION

Motion by David Broser, inter alia, to consolidate appeals from two orders of the Supreme Court, Nassau County, entered October 5, 2009 (Appellate Division Docket No. 2009-09557), and August 2, 2010 (Appellate Division Docket No. 2010-08074), respectively, and to enlarge the time to serve and file a brief as a respondent on the appeal from the order entered October 5, 2009. Application by David Broser pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief as a respondent on the appeal from the order entered October 5, 2009.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief as a respondent on the appeal from the order entered October 5, 2009 (Appellate Division Docket No. 2009-09557), and the application are granted, the time to serve and file a brief is enlarged until January 31, 2011, and the brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that on the Court's own motion, the appeals will be calendared together and will be argued or submitted on the same day.

DILLON, J.P., HALL, AUSTIN and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court