Appellate Division: Second Judicial Department

M207865

E/ct

L. PRISCILLA HALL, J.P.

SHERI S. ROMAN

HECTOR D. LASALLE

BETSY BARROS, JJ.

2015-08111, 2016-01452 Atmara, Inc., et al., appellants-respondents, v Panoramic Ace Properties, Inc., et al., respondents-appellants. (Index No. 34993/09)

DECISION & ORDER ON MOTION

Motion by Panoramic Ace Properties, Inc., and Travel Universe, Inc., to dismiss an appeal from an order of the Supreme Court, Queens County, entered June 17, 2015, on the ground that no appeal lies from an order denying a motion to vacate an oral decision contained in a transcrpt of the same court dated February 10, 2015. Cross motion by Atmara, Inc., and Ramesh Sakaria to enlarge the record to include a so-ordered transcript dated December 2, 2015, of the oral decision, dated February 10, 2015, a judgment of the same court entered January 13, 2016, and a notice of appeal and cross appeal from the judgment. Application by Atmara, Inc., and Ramesh Sakaria pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief. Separate application by Atmara, Inc., and Ramesh Sakaria to consolidate the appeal from the order entered June 17, 2015, with the appeal and cross appeal from the judgment, to deem the record and brief filed in connection with the appeal from the order entered June17, 2015, to be the joint record and the brief filed in connection with their appeal from the judgment entered January 13, 2016, for leave to serve and file a supplemental record, and to limit the issues raised on the appeal from the judgment to those issues raised on the appeal from the order.

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

ORDERED that the cross motion and the application, inter alia, to consolidate the appeal from the order entered June 17, 2015, with the appeal and cross appeal from the judgment are granted, the record and brief filed in connection with the order entered June 17, 2015, is deemed to be the joint record and appellants-respondents' brief filed in connection with the appeal and cross appeal from the judgment, the issues raised in connection with the appeal by Atmara, Inc., and Ramesh Sakaria from the judgment are limited to the issues raised in the brief filed in connection with the appeal from the order entered June 17, 2015, and on or before March 25, 2016, Atmara, Inc., and Ramesh Sakaria shall serve and file a supplemental record containing copies of the so-ordered transcript dated December 2, 2015, the judgment, and the notices of appeal and cross appeal from the judgment; and it is further,

ORDERED that on or before April 25, 2016, Panoramic Ace Properties, Inc., and Travel Universe, Inc., shall serve and file a supplemental brief containing their points of argument on the cross appeal from the judgment (see 22 NYCRR 670.8[c][3]); and it is further,

ORDERED that the application pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief is granted, the time of Atmara, Inc., and Ramesh Sakaria to serve and file a reply brief, including points in response to the issues raised on the cross appeal, is enlarged until May 25, 2016, and the reply brief must be served and filed on or before that date; and it is further,

ORDERED that the motion to dismiss the appeal from the order entered June 17, 2015, is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.

HALL, J.P., ROMAN, LASALLE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court