Appellate Division: Second Judicial Department

M137484

E/sl

PETER B. SKELOS, J.P.

ANITA R. FLORIO

SHERI S. ROMAN

ROBERT J. MILLER, JJ.

2011-11413, 2012-02293 Derrick Batts, appellant-respondent, v IBEX Construction, LLC, respondent-appellant, Sutton Place Group, LLC, et al., respondents, et al., defendants. (Index No. 3794/08)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated October 28, 2011, and to consolidate the appeal and a cross appeal from the same order with an appeal from an order of the same court dated January 27, 2012.

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

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order dated October 28, 2011, is granted, the appellant-respondent's time to perfect that appeal is enlarged until August 27, 2012, and the joint record or appendix on the appeal and the appellant-respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the respondent-appellant shall serve and file its answering brief, including its points of argument on the cross appeal, in accordance with the rules of the Court (see 22 NYCRR 670.8[c][3]); and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals and cross appeal is denied as unnecessary as the appeals and cross appeal may be consolidated as of right (see 22 NYCRR 670.7[c][1]).

SKELOS, J.P., FLORIO, ROMAN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court