Appellate Division: Second Judicial Department

M157643

E/sl

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

SHERI S. ROMAN

JEFFREY A. COHEN, JJ.

2012-09280 Alfred Delaney, et al., plaintiffs-respondents, v Getty Petroleum Marketing, Inc., et al., defendants-respondents, Morris & Sons Incorporated, et al., appellants. (Index No. 10869/06)

DECISION & ORDER ON MOTION

2012-11570

State of New York, respondent,

v 913 Portion Road Realty Corp, et al.,

appellants-respondents, Merchants

Mutual Insurance Co., respondent-appellant,

et al., defendant.

(Index No. 12165/07)

Motion by Merchant Mutual Insurance Co. to consolidate appeals from an order of the Supreme Court, Suffolk County, dated September 6, 2012, with appeals and a cross appeal from an order of the same court dated September 6, 2012, and to enlarge the time to perfect the appeals.

Upon the papers filed in support of the motion 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; and it is further,

ORDERED that on the Court's own motion, the appeals will be calendared together and will be argued or submitted on the same day; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeals is granted; and it is further,

ORDERED that the time to perfect the appeals under Appellate Division Docket No. 2012-09280 is enlarged until August 12, 2013, and the joint record or appendix on the appeals and the appellants' briefs must be served and filed on or before that date; the plaintiffs-respondents and the defendants-respondents shall serve and file their respective briefs, if any, on or before September 16, 2013; and the appellants shall serve and file their respective reply briefs, if any, on or before October 21, 2013; and it is further,

ORDERED that the appellants-respondents' time to perfect the appeals under Appellate Division Docket No. 2012-11570 is enlarged until August 12, 2013, and the joint record or appendix on the appeals (see 22 NYCRR 670.8[c][1]) and the appellants-respondents' brief must be served and filed on or before that date; the respondent-appellant shall serve and file its answering brief, including its points of argument on the cross appeal, on or before September 16, 2013 (see 22 NYCRR 670.8[c][3]); the respondent shall serve and file a brief, if any, on or before October 21, 2013; the appellants-respondents shall serve and file their respective reply briefs, if any, on or before November 6, 2013; and the respondent-appellant shall serve and file a reply brief, if any, on or before November 21, 2013.

DILLON, J.P., CHAMBERS, ROMAN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court