Appellate Division: Second Judicial Department

M115966

E/sl

JOSEPH COVELLO, J.P.

L. PRISCILLA HALL

JEFFREY A. COHEN

ROBERT J. MILLER, JJ.

2010-06208, 2011-00691 Deer Park Enterprises, LLC, appellant- respondent, v AIL Systems, Inc., now known as EDO Corp., respondent-appellant. (Index No. 10910/05)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant to consolidate appeals and cross appeals from two orders of the Supreme Court, Nassau County, dated April 14, 2010, and December 1, 2010, respectively. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal from the order dated April 14, 2010.

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

ORDERED that the motion 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 application is granted, the appellant-respondent's time to perfect the appeal from the order dated April 14, 2010 (Appellate Division Docket No. 2010-06208), is enlarged until March 25, 2011, and the joint record or appendix on the appeal (see 22 NYCRR 670.8[c][1]) and the appellant-respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the respondent-appellant shall serve and file the answering brief, including the points of argument on the cross appeal, in accordance with the rules of this Court (see 22 NYCRR 670.8[c][3]).

COVELLO, J.P., HALL, COHEN and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court