Appellate Division: Second Judicial Department

M132201

E/ct

PETER B. SKELOS, J.P.

JOHN M. LEVENTHAL

PLUMMER E. LOTT

ROBERT J. MILLER, JJ.

2011-08249, 2011-08252, 2011-08255, 2011-08261 Kevin Glassman, etc., respondent, v ProHealth Ambulatory Surgery Center, et al., appellants. (Index No. 9774/01)

DECISION & ORDER ON MOTION

Motion by the respondent to consolidate appeals from two orders of the Supreme Court, Nassau County, entered October 29, 2010, and June 2, 2011, respectively, and a judgment of the same court entered August 10, 2011, with an appeal from an order of the same court entered September 24, 2010. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief with respect to the appeals from the orders entered October 29, 2010, and June 2, 2011, respectively, and the judgment entered August 10, 2011, and to enlarge the time to serve and file a brief with respect to the appeal from the order entered September 24, 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; and it is further,

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

ORDERED that the application is granted and the respondent's time to serve and file a brief with respect to the appeals from the orders entered October 29, 2010, and June 2, 2011, respectively, and the judgment entered August 10, 2011, and to serve and file a brief with respect to the appeal from the order entered September 24, 2010, is enlarged until February 27, 2012, and the respondent's briefs must be served and filed on or before that date.

SKELOS, J.P., LEVENTHAL, LOTT and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court