Appellate Division: Second Judicial Department

M152801

E/sl

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS

ROBERT J. MILLER, JJ.

2012-05126 New York Telephone Company, respondent, v Supervisor of Town of Hempstead, et al., appellants, et al., defendants. (Index No. 12177/98)

DECISION & ORDER ON MOTION

2012-05136

Verizon New York, Inc., formerly known as

New York Telephone Company, respondent,

v Supervisor of Town of Hempstead, et al.,

appellants, et al., defendants.

(Index No. 6858/02)

2012-05137

New York Telephone Company, respondent,

v Supervisor of Town of Hempstead, et al.,

appellants, et al., defendants.

(Index No. 11522/99)

2012-05138

Verizon New York, Inc., formerly known as

New York Telephone Company, respondent,

v Supervisor of Town of Hempstead, et al.,

appellants, et al., defendants.

(Index No. 6578/01)

2012-05139

New York Telephone Company, respondent,

v Supervisor of Town of Hempstead, et al.,

appellants, et al., defendants.

(Index No. 6794/00)

2012-07976

New York Telephone Company, respondent,

v Supervisor of Town of Hempstead, et al.,

appellants, et al., defendants.

(Index No. 12177/98)

2012-09825

New York Telephone Company, plaintiff-

appellant, v Supervisor of Town of Hempstead,

et al., defendants third-party plaintiffs-respondents,

et al., defendants; County of Nassau, et al.,

third-party defendants-appellants.

(Index No. 12177/98)

2012-09833

New York Telephone Company, plaintiff-

appellant, v Supervisor of Town of Hempstead,

et al., defendants third-party plaintiffs-respondents,

et al., defendants; County of Nassau, et al.,

third-party defendants-appellants.

(Index No. 6578/01)

2012-09840

New York Telephone Company, plaintiff-

appellant, v Supervisor of Town of Hempstead,

et al., defendants third-party plaintiffs-respondents,

et al., defendants; County of Nassau, et al.,

third-party defendants-appellants.

(Index No. 6794/00)

2012-09844

Verizon New York, Inc., formerly known as

New York Telephone Company, plaintiff-appellant,

v Supervisor of Town of Hempstead, et al., defendants

third-party plaintiffs-respondents, et al., defendants;

County of Nassau, et al., third-party defendants-

appellants.

(Index No. 6858/02)

2012-09857

New York Telephone Company, plaintiff-appellant,

v Supervisor of Town of Hempstead, et al., defendants

third-party plaintiffs-respondents, et al., defendants;

County of Nassau, et al., third-party defendants-

appellants.

(Index No. 11522/99)

Motion by the appellants on their appeals from a judgment of the Supreme Court, Nassau County, dated March 23, 2012, four judgments of the same court all entered March 27, 2012, and an amended judgment of the same court entered June 4, 2012, and as the respondents on appeals from four orders of the same court all entered July 26, 2012, and an amended order of the same court entered July 26, 2012, to enlarge the time to perfect their appeals from the judgments and amended judgment, to consolidate their appeals, to allow the appellants on the appeals from the orders entered July 26, 2012, and the amended order entered July 26, 2012, to consolidate those appeals, to direct those appeals be perfected by a date certain, and to calendar the appeals from the judgments, the amended judgment, and the orders and the amended order together. Cross motion by the plaintiffs to dismiss the appeals from the judgment dated March 23, 2012, the four judgments entered March 27, 2012, and the amended judgment entered June 4, 2012, in effect, for failure to timely perfect or to vacate any automatic stay which is, in effect, pursuant to CPLR 5519 (a)(1).

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 to consolidate the appeals from the judgments and amended judgment is granted, and the parties shall file 13 copies of the joint record or appendix and their respective briefs; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeals from the judgments and amended judgment is granted, the time to perfect those appeals is enlarged until June 3, 2013, and the joint record or appendix on those appeals and the appellants' brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time shall be granted; and it is further,

ORDERED that the branch of the motion which is to allow consolidation of the appeals from the orders and the amended order is denied without prejudice to the appellants on those appeals seeking that relief; and it is further,

ORDERED that the branch of motion which is to direct that the appeals from the orders and the amended order be perfected by a date certain is denied; and it is further,

ORDERED that the branch of the motion which is to calendar the appeals from the judgments, the amended judgment, the orders, and the amended order together is granted, and the appeals will be calendered together and will be argued or submitted on the same date; and it is further,

ORDERED that the cross motion is denied.

RIVERA, J.P., LEVENTHAL, CHAMBERS and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court