of the State of New York for the 2nd, 11th & 13th judicial Districts

JOSEPH G. GOLIA, J.P.

MICHAEL L. PESCE

MARSHA L. STEINHARDT, JJ.

DECISION & ORDER ON MOTION

Joe Lebnan, LLC, Appellant, v Miguel Naula, "John Doe" and "Jane Doe", Respondents.

Appellate Term Docket No.

2010-2942 K C

Lower Court # 62440/09

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Motion by respondents in the above-captioned appeals from an order of the Civil Court of the City of New York, Kings County, entered December 17, 2009, to enlarge the time to serve and file a respondents' brief , to consolidate the two appeals, and to amend the trial transcripts.

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 seeking an enlargement of time to serve and file a respondents' brief is granted, and the respondents' brief shall be served and filed within 20 days of this decision and order; and it is further,

ORDERED that the branch of the motion seeking to consolidate the appeals is granted only to the extent that respondents may submit a single brief bearing both of the above-listed appeal numbers and that there shall be oral argument, if requested, on both of the appeals at the same time. Appellant, if it be so advised, may serve and file a reply brief within 14 days of the date that the respondents' brief is due to be filed pursuant to this decision and order; and it is further,

ORDERED that the transcripts are deemed amended in accordance with the approved corrections by the parties and Judge Lau.

ENTER:

Paul Kenny

Chief Clerk