Appellate Division: Second Judicial Department

M134507

E/sl

MARK C. DILLON, J.P.

DANIEL D. ANGIOLILLO

ARIEL E. BELEN

JEFFREY A. COHEN, JJ.

2011-06455, 2012-00841 HSBC Bank USA, N.A., etc., appellant, v Eileen N. Taher, respondent, et al., defendants. (Appeal No. 1) HSBC Bank USA, N.A., plaintiff-appellant, v Ellen N. Taher, et al., defendants; Shapiro, DiCaro & Barak, LLC, nonparty-appellant. (Appeal No. 2) (Index No. 9320/09)

DECISION & ORDER ON MOTION

Motion by HSBC Bank USA, N.A., for leave to appeal to this Court from an order of the Supreme Court, Kings County, dated December 22, 2011, to consolidate the appeal from the order dated December 22, 2011, with an appeal from an order of the same court dated July 1, 2011, and to enlarge the time to perfect the appeal from the order dated July 1, 2011.

Upon the papers filed in support of the motion and the papers filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is for leave to appeal is denied as unnecessary, as the order dated December 22, 2011, is appealable as of right (see CPLR 5701); 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 branch of the motion which is to enlarge the time to perfect the appeal from the order dated July 1, 2011 (Appellate Division Docket No. 2011-06455), is granted, the time of HSBC Bank USA, N.A., to perfect the appeal is enlarged until April 9, 2012, and the record or appendix on the appeal and the brief of HSBC Bank USA, N.A. must be served and filed on or before that date.

DILLON, J.P., ANGIOLILLO, BELEN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court