Appellate Division: Second Judicial Department

M129079

E/sl

PETER B. SKELOS, J.P.

ARIEL E. BELEN

PLUMMER E. LOTT

JEFFREY A. COHEN, JJ.

2011-06275, 2011-09847 In the Matter of Cheryl Hershkowitz, deceased. George Hershkowitz, etc., et al., appellants; White House Owners Corp., et al., respondents. (File No. 352576)

DECISION & ORDER ON MOTION

Motion by the appellants, inter alia, to consolidate appeals from two orders of the Surrogate's Court, Nassau County, dated May 5, 2011, and August 8, 2011, respectively. Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief in connection with the appeal from the order dated May 5, 2011.

Upon the papers filed in support of the motion and the papers filed in opposition and in relation 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 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 to the extent that the respondents' time to serve and file a brief in connection with the appeal from the order dated May 5, 2011, is enlarged until March 9, 2012, and the respondents' brief must be served and filed on or before that date, and the application is otherwise denied.

SKELOS, J.P., BELEN, LOTT and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court