Appellate Division: Second Judicial Department

M119958

E/sl

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

L. PRISCILLA HALL

SANDRA L. SGROI, JJ.

2010-04263 West Vernon Petroleum Corp., appellant- respondent, v Singer Holding Corp., defendant, Almeida Oil Co., Inc., et al., respondents-appellants. (Appeal No. 1) (Index No. 04-12514) 2010-04523 Almeida Oil Co., Inc., et al., appellants, v Singer Holding Corp., respondent. (Appeal No. 2) (Index No. 03-1829) 2010-10088, 2010-10089 West Vernon Petroleum Corp., respondent, v Singer Holding Corp., defendant, Almeida Oil Co., Inc., et al., appellants. (Appeal Nos. 3 & 4) (Index No. 04-12514) 2010-10522, 2011-00639 West Vernon Petroleum Corp., appellant- respondent, v Singer Holding Corp., defendant, Almeida Oil Co., Inc., et al., respondents-appellants. (Appeal Nos. 5 & 6) (Index No. 04-12514)

DECISION & ORDER ON MOTION

Motion by Almeida Oil Co., Inc., West Vernon Energy Corp., Robert F. Almeida, and Robert B. Almeida, inter alia, (1) to consolidate an appeal from an order of the Supreme Court, Westchester County, entered April 1, 2010 (Appellate Division Docket No. 2010-04523), an appeal and cross appeal from an order of the same court entered April 5, 2010 (Appellate Division Docket No. 2010-04263), appeals from two orders of the same court both entered October 1, 2010 (Appellate Division Docket Nos. 2010-10088, 2010-10089), an appeal and cross appeal from a judgment of the same court dated October 29, 2010 (Appellate Division Docket No. 2011-00639), and, in effect, an appeal and cross appeal from an order of the same court entered October 1, 2010 (Appellate Division Docket No. 2010-10522), (2) for leave to perfect their appeals from the orders entered October 1, 2010, docketed under Appellate Division Docket Nos. 2010-10088 and 2010-10089 with a supplemental joint record that does not duplicate any documents contained in the joint record filed in connection with the appeal and cross appeal from the order entered April 5, 2010, and for leave to cite to the joint record filed in connection with the appeal and cross appeal from the order entered April 5, 2010, in the brief filed in connection with the appeals from the orders entered October 1, 2010, docketed under Appellate Division Docket Nos. 2010- 10088 and 2010-10089 (3) to enlarge the time to serve and file an answering brief with respect to the appeal from the order entered April 5, 2010, and (4) to enlarge the time to perfect the appeals from the order entered April 1, 2010, and the two orders entered October 1, 2010 (Appellate Division Docket Nos. 2010-10088, 2010-10089).

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 consolidate is denied as unnecessary with respect to the appeals from the orders entered October 1, 2010, docketed under Appellate Division Docket Nos. 2010-10088 and 2010-10089 as those appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]), and that branch of the motion is otherwise denied; and it is further,

ORDERED that on the Court's own motion, the appeals and cross appeals will be calendared together and will be argued or submitted on the same date; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file an answering brief with respect to the appeal from the order entered April 5, 2010, is granted, and the answering brief, including points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]), shall be served and filed on or before June 20, 2011; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeals from the order entered April 1, 2010, and the two orders entered October 1, 2010, docketed under Appellate Division Docket Nos. 2010-10088 and 2010-10089 is granted, the appellants' time to perfect those appeals is enlarged until July 20, 2011, and the record or appendix on those appeals and the appellants' brief shall be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

SKELOS, J.P., DICKERSON, HALL and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court