Appellate Division: Second Judicial Department

M178548

E/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

PLUMMER E. LOTT

BETSY BARROS, JJ.

2014-00108, 2014-02344 Kyle Taylor, etc., et al., respondents-appellants, v Brett E. Wynkoop, et al., appellants-respondents. (Index No. 6548/12) 2014-02712 Kyle Taylor, etc., et al., appellants, v Brett E. Wynkoop, et al., respondents. (Index No. 6548/12)

DECISION & ORDER ON MOTION

Motion by Kyle Taylor and Rajeev Subramanyan to consolidate an appeal and a cross appeal from an order of the Supreme Court, Kings County, dated November 7, 2013, and an appeal from an order of the same court dated January 17, 2014, with an appeal from an order of the same court dated December 20, 2013, for leave to perfect their appeal from the order dated December 20, 2013, with a supplemental record containing that order as well as the motion papers submitted to the Supreme Court which resulted in the order dated February 20, 2013, and to enlarge the time to perfect their appeal from the order dated December 20, 2013. Cross motion by Brett E. Wynkoop, Kathleen Keske, and James Borland for leave to reargue the branch of their prior motion to dismiss the appeal from the order dated December 20, 2013, which was determined by decision and order on motion dated March 31, 2014, to enlarge their time to serve and file a reply brief in connection with the appeal and cross appeal from the order dated November 7, 2013, and the appeal from the order dated January 17, 2014, and to impose a sanction upon Kyle Taylor and Rajeev Subramanyan.

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 by Kyle Taylor and Rajeev Subramanyan which is to enlarge the time to perfect the appeal from the order dated December 20, 2013 (Appellate Division Docket No. 2014-02712), is granted, the movant's time to perfect that appeal is enlarged until October 15, 2014, and the record or appendix on the appeal and the brief on that appeal must be served and filed on or before that date; and it is further,

ORDERED that the branch of the cross motion by Bratt E. Wynkoop Kathleen Keske, and James Borland which is to enlarge the time to serve and file a reply brief in connection with the appeal and cross appeal from the order dated November 7, 2013, and the appeal from the order dated January 17, 2014 (Appellate Division Docket Nos. 2014-00108 and 2014-02344), is granted, the movant's time to serve and file a reply brief is enlarged until September 15, 2014, and the reply brief must be served and filed on or before that date; and it is further,

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

ORDERED that on the Court's own motion, the appeals and cross appeal will be calendared together and argued or submitted on the same day.

RIVERA, J.P., BALKIN, LOTT and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court