Appellate Division: Second Judicial Department

M213876

E/afa

JOHN M. LEVENTHAL, J.P.

SHERI S. ROMAN

SANDRA L. SGROI

HECTOR D. LASALLE, JJ.

2015-01138, 2016-02414 Ellen Robinson, et al., respondents, v 47 Thames Realty, LLC, appellant. (Index No. 17405/13)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Kings County, dated December 11, 2014, on the ground that the right of direct appeal therefrom terminated upon entry of an order of the same court dated February 18, 2015, or alternatively, to enlarge the time to serve and file a brief. Separate motion by the appellant to consolidate the appeal from the order dated December 11, 2014, with an appeal from the order dated February 18, 2015, or alternatively, to calendar the appeals together. Application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief in connection with the appeal from the order dated December 11, 2014. Separate application by the respondents pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief in connection with the appeal from the order dated February 18, 2015.

Upon the papers filed in support of the motions 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 branch of the respondents' motion which is to dismiss the appeal from the order dated December 11, 2014, is denied; and it is further,

ORDERED that the branch of the respondents' motion which is to enlarge the time to serve and file a brief in connection with the appeal from the order dated December 11, 2014, and the application for that relief are granted, the respondents' time to serve and file a brief on that appeal is enlarged until July 27, 2016, and the respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that the application to enlarge the time to serve and file a brief in connection with the appeal from the order dated February 18, 2015, is granted, the respondents' time to serve and file a brief on that appeal is enlarged until July 27, 2016, and the respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that the branch of the appellant's motion which is to calendar the appeals together is granted, the appeals will be heard together, and the appeals will be argued or submitted on the same date; and it is further,

ORDERED that the appellant's motion is otherwise denied.

LEVENTHAL, J.P., ROMAN, SGROI and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court