Appellate Division: Second Judicial Department

M136354

E/sl

REINALDO E. RIVERA, J.P.

MARK C. DILLON

RANDALL T. ENG

SANDRA L. SGROI, JJ.

2011-05078, 2011-07668, 2012-00791 Segundo Murillo, respondent, v Geoffrey Porteus, et al., defendants, Willy Gonzalez, etc., et al., appellants (and a third-party action). (Appeal No. 1) Segundo Murillo, respondent-appellant, v Geoffrey Porteus, et al., appellants-respondents (and a third-party action). (Appeal No. 2) Segundo Murillo, respondent, v Geoffrey Porteus , et al., appellants, et al., defendants. (Appeal No. 3) (Index No. 09-10018)

DECISION & ORDER ON MOTION

Motion by Willy Gonzalez and Hawk Shaw Golf Course Construction to consolidate an appeal from an order of the Supreme Court, Westchester County, entered March 22, 2011, with appeals and a cross appeal from an order of the same court entered June 27, 2011, and appeals from an order of the same court entered December 9, 2011, to enlarge the time to perfect the appeals from the orders entered March 22, 2011, and June 27, 2011, and to set a briefing schedule on the appeals and cross appeal. Cross motion by Geoffrey Porteus and Kirsten Porteus to enlarge the time to perfect their appeal from the order entered June 27, 2011. Cross motion by Segundo Murillo, inter alia, to enlarge the time to perfect his cross appeal from the order entered June 27, 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 cross motions 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 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 branches of the motion which are to enlarge the time to perfect the appeals from the orders entered March 22, 2011, and June 27, 2011, and to set a briefing schedule, and the cross motion by Geoffrey Porteus and Kirsten Porteus to enlarge the time to perfect their appeal from the order entered June 27, 2011, are granted, and the time to perfect those appeals is enlarged until May 29, 2012, and the joint record or appendix on the appeals (see 22 NYCRR 670.8[c][1]) and the briefs of Willy Gonzalez and Hawk Shaw Golf Course Construction and of Geoffrey Porteus and Kirsten Porteus must be served and filed on or before that date; and it is further,

ORDERED that the branch of the cross motion by Segundo Murillo which is to enlarge the time to perfect the cross appeal from the order entered June 27, 2011, is granted, and Segundo Murillo shall serve and file his answering brief, including his points of argument on the cross appeal, on or before June 28, 2012, and the cross motion by Segundo Murillo is otherwise denied; and it is further,

ORDERED that Willy Gonzalez and Hawk Shaw Golf Course Construction, and Geoffrey Porteus and Kirsten Porteus, shall serve and file their respective reply briefs on or before July 9, 2012; and it is further,

ORDERED that Segundo Murillo shall serve and file his reply brief on or before July 19, 2012.

RIVERA, J.P., DILLON, ENG and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court