Appellate Division: Second Judicial Department

M165272

E/sl

REINALDO E. RIVERA, J.P.

MARK C. DILLON

CHERYL E. CHAMBERS

SYLVIA O. HINDS-RADIX, JJ.

2011-11758 Born to Build, LLC, respondent, v Ibrahim Saleh, etc., et al., defendants; Kamel Saleh, nonparty-appellant. (Index No. 2345/11)

DECISION & ORDER ON MOTION

2013-04764

Born to Build, LLC, appellant,

v Ibrahim Saleh, etc., et al., defendants;

Kamel Saleh, nonparty-respondent.

(Index No. 2345/11)

2013-08680

Born to Build, LLC, appellant-respondent,

v Ibrahim Saleh, etc., et al., defendants;

Kamel Saleh, nonparty-respondent-appellant.

(Index No. 2345/11)

Motion by Kamel Saleh to enlarge the record on an appeal from an order of the Supreme Court, Nassau County, entered December 1, 2011, to include an order of the same court entered February 25, 2013, as well as the underlying motion papers. Cross motion by the Born to Build, LLC, to consolidate the appeal from the order entered December 1, 2011, with the appeal from the order entered February 25, 2013, and the appeal and cross appeal from an order of the same court entered July 15, 2013, and to enlarge the time to perfect the appeal from the order entered February 25, 2013.

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

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

ORDERED that the branch of the motion which is to consolidate the appeal from the order entered February 25, 2013, with the appeal and cross appeal from the order entered July 15, 2013, is denied as unnecessary as those appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]); and it is further,

ORDERED that the branch of the motion which is to consolidate the appeal from the order entered December 1, 2011, with the other appeals and cross appeal is denied; and it is further,

ORDERED that on the Court's own motion, the appeal from the order entered December 1, 2011, and the other appeals and cross appeal will be argued 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 appeal from the order entered February 25, 2013, is granted, and the time to perfect the appeal is enlarged until December 30, 2013; and it is further,

ORDERED that on the Court's own motion, the appeal from the order entered July 15, 2013, must be perfected on or before December 30, 2013.

RIVERA, J.P., DILLON, CHAMBERS and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court