Appellate Division: Second Judicial Department

M239753

E/afa

REINALDO E. RIVERA, J.P.

SHERI S. ROMAN

HECTOR D. LASALLE

BETSY BARROS, JJ.

2017-01162, 2017-06949 U.S. Bank Trust, N.A., as trustee for LSF9 Master Participation Trust, respondent, v Charles L. Rose, also known as Charles Rose, Jr., et al., appellants, et al., defendants. (Index No. 297/16)

DECISION & ORDER ON MOTION

Motion by the appellants to consolidate appeals from an order of the Supreme Court, Orange County, dated December 21, 2016, and a judgment of the same court entered March 21, 2017, to deem the record and the appellant's brief filed in connection with the appeal from the order also to be filed in connection with the appeal from the judgment, and for leave to serve and file a supplemental record containing the judgment as well as the notice of appeal from the judgment. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief on the appeal from the order.

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

ORDERED that the motion is granted, the appeals are consolidated, the record and the appellant's brief filed in connection with the appeal from the order are deemed also to be filed in connection with the appeal from the judgment, and on or before November 1, 2017, the appellants shall serve and file a supplemental record containing the judgment as well as the notice of appeal from the judgment; and it is further,

ORDERED that the application is granted, the respondent's time to serve and file a brief is enlarged until December 1, 2017, and the respondent's brief shall be served and filed on or before that date.

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

ENTER:

Aprilanne Agostino

Clerk of the Court