Appellate Division: Second Judicial Department

M124421

E/sl

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

L. PRISCILLA HALL

JEFFREY A. COHEN, JJ.

2010-10163, 2010-10165, 2011-03190 Jackie Herbst, appellant, v Herman Zev Erdan, et al., respondents. (Appeal No. 1) Herman Zev Erdan, respondent, v Jackie Herbst, appellant, et al., defendant. (Appeal Nos. 2 and 3) (Index Nos. 34981/01, 1821/04)

DECISION & ORDER ON MOTION

Motion by the appellant to consolidate appeals from two orders of the Supreme Court, Kings County, both dated September 13, 2010, with an appeal from an order of the same court dated February 22, 2011, and for poor person relief. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeals from the two orders dated September 13, 2010.

Upon the papers filed in support of the motion and the papers filed in opposition 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 consolidate the appeals from the order dated September 13, 2010, docketed under Appellate Division Docket No. 2010-10165 and the order dated February 22, 2011, 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 branch of the motion which is to consolidate the appeal from the order dated September 13, 2010, docketed under Appellate Division Docket No. 2010-10163 with the appeals from the order dated September 13, 2010, docketed under Appellate Division Docket No. 2010-10165 and the order dated February 22, 2011, is denied; and it is further,

ORDERED that the branch of the motion which is for leave to prosecute the appeals on the original papers is denied with leave to renew upon proper papers, including the appellant's affidavit setting forth whether the appellant owns real property and the amount of equity in the appellant's real property; and it is further,

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

ORDERED that the application is granted and the appellant's time to perfect the appeals from the orders dated September 13, 2010, is enlarged until September 19, 2011, and the records or appendices for those appeals and the appellant's briefs must be served and filed on or before that date.

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

ENTER:

Matthew G. Kiernan

Clerk of the Court