Appellate Division: Second Judicial Department

M222066

E/sl

LEONARD B. AUSTIN, J.P.

JEFFREY A. COHEN

JOSEPH J. MALTESE

COLLEEN D. DUFFY, JJ.

2016-05041 In the Matter of William Jacobs, appellant, v Charles Cartalemi, et al., respondents. (Index No. 62551/15)

DECISION & ORDER ON MOTION

2016-07813

William Jacobs, etc., appellant,

v Charles Cartalemi, et al., respondents.

(Index No. 65701/12)

2016-07817

William Jacobs, etc., appellant,

v Westchester Industrial Complex, LLC,

et al., respondents, et al., defendant.

(Index No. 70359/14)

Motion by the appellant to stay all proceedings in the above-entitled matters and to enjoin the Westchester County Clerk from cancelling a certain notice of pendency, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated April 21, 2016, to consolidate that appeal with appeals from two orders of the same court dated June 27, 2016, and July 6, 2016, respectively, or, in the alternative, to permit the filing of a joint record for the three appeals, and to enlarge the time to perfect the appeals.

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

ORDERED that the branches of the motion which are to stay all proceedings in the above-entitled matters and to enjoin the Westchester County Clerk from cancelling a certain notice of pendency, and to consolidate the appeals or, in the alternative, to permit the filing of a joint record for the appeals are denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeals is granted, and the appellant's time to perfect the appeals is enlarged until January 27, 2017; and it is further,

ORDERED that on the Court's own motion, the appeals will be calendared together and will argued or submitted on the same date; and it is further,

ORDERED that the motion is otherwise denied.

AUSTIN, J.P., COHEN, MALTESE and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court