Appellate Division: Second Judicial Department

M189269

T/sl

RUTH C. BALKIN, J.P.

LEONARD B. AUSTIN

SANDRA L. SGROI

HECTOR D. LASALLE, JJ.

2014-05721, 2015-00411 Shlomtze Weisz, etc., appellant, v Gerald Lee David, et al., respondents, et al., defendants. (Appeal No. 1) Shlomtze Weisz, etc., appellant, v Gerald Lee David, et al., defendants, Shmuel Fried, etc., respondent. (Appeal No. 2) (Index No. 2383/13)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated December 9, 2013, and for leave to consolidate that appeal with an appeal from an order of the same court dated October 23, 2014. Cross motion by Gerald Lee David to dismiss the appeal from the order dated December 9, 2013, for failure to timely perfect.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the cross motion and no papers having been filed in opposition or in relation thereto, it is

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

ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary, as the 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 enlarge the time to perfect the appeal from the order dated December 9, 2013, is granted, the appellant's time to perfect that appeal is enlarged until April 17, 2015, and the record or appendix on that appeal and the appellant's brief must be served and filed on or before that date.

BALKIN, J.P., AUSTIN, SGROI and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court