Appellate Division: Second Judicial Department

M151624

E/sl

RUTH C. BALKIN, J.P.

CHERYL E. CHAMBERS

SHERI S. ROMAN

ROBERT J. MILLER, JJ.

2012-04840, 2012-04843 Aryeh Gutman, respondent-appellant, v A to Z Holding Corp., et al., respondents, Zalman Klein, appellant-respondent. (Index No. 50105/99) 2013-00862 Zalman Klein, etc., respondent-appellant, v Menachem Gutman, et al., appellants-respondents. (Index No. 47485/01) 2013-01454 Aryeh Gutman, respondent, v A to Z Holding Corp., et al., defendants, Zalman Klein, appellant. (Index No. 50105/99)

DECISION & ORDER ON MOTION

Motion by Zalman Klein (1)(a) to withdraw the briefs filed in connection with appeals and cross appeals from an order of the Supreme Court, Kings County, dated March 28, 2012, and a judgment of the same court also dated March 28, 2012 (Appellate Division Docket Nos. 2012-04840 and 2012-04843), (b) to consolidate those appeals and cross appeals with an appeal and cross appeal from an order of the same court dated December 7, 2012 (Appellate Division Docket No. 2013-00862), and an appeal from an order of the same court also dated December 7, 2012 (Appellate Division Docket No. 2013-01454), (c) for leave to perfect the appeals and cross appeals using the record filed in connection with the appeals and cross appeals from the order dated March 28, 2012, and the judgment dated March 28, 2012, supplemented by a record containing papers filed in the Supreme Court, which resulted in the orders dated December 7, 2012, and (d) for leave to appeal from stated portions of the order dated March 28, 2012, under Appellate Division Docket No. 2013-01454, or, (2) in the alternative, to enlarge the time to serve and file a reply brief in connection with the appeals and cross appeals from the order dated March 28, 2012, and the judgment dated March 28, 2012. Cross motion by Aryeh Gutman, Menachem Gutman, Abraham Singer, 185 Marcy Corp., 185 Marcy, LLC, and Central Equities Credit Corp. (1), in effect, to calendar the appeals and cross appeals together, (2) to dismiss the appeal from the order dated March 28, 2012, under Appellate Division Docket No. 2013- 01454, on the ground that Zalman Klein is not aggrieved thereby, and (3) for the Court to take judicial notice of certain orders of the Supreme Court, Kings County.

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

ORDERED that the branch of the motion which is for leave to appeal from stated portions of the order dated March 28, 2012, under Appellate Division Docket No. 2013-01454 is denied as unnecessary (see CPLR 5701); and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a reply brief in connection with the appeals and cross appeals from the order dated March 28, 2012, and the judgment dated March 28, 2012 (Appellate Division Docket Nos. 2012-04840, 2012-04843), is granted, and the Zalman Klein's time to serve and file a reply brief is enlarged until March 8, 2013, and the reply brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the branch of the cross motion which is, in effect, to calendar the appeals and cross appeals together is granted, and the appeals and cross appeals will be argued or submitted on the same date; and it is further,

ORDERED that Zalman Klein shall perfect the appeal from the order dated December 7, 2012 (Appellate Division Docket No. 2013-01454), on or before April 23, 2013; and it is further,

ORDERED that the cross motion is otherwise denied.

BALKIN, J.P., CHAMBERS, ROMAN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court