Appellate Division: Second Judicial Department

M127722

E/ct

ANITA R. FLORIO, J.P.

THOMAS A. DICKERSON

CHERYL E. CHAMBERS

JEFFREY A. COHEN, JJ.

2011-04438, 2011-6150 Marc Colandrea, respondent, v Tenzin Choku, et al., appellants. (Index No. 17497/10)

DECISION & ORDER ON MOTION

Motion by the appellants to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated April 8, 2011, and, in effect, to consolidate the appeal with an appeal from an order of the same court dated June 3, 2011. 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 8, 2011.

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 relation thereto, it is

ORDERED that the branch of the motion which is to stay all proceedings is denied; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals 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 appellants' time to perfect the appeal from the order dated April 8, 2011, is enlarged until December 23, 2011, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

FLORIO, J.P., DICKERSON, CHAMBERS and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court