Appellate Division: Second Judicial Department

M250205

E/sl

ALAN D. SCHEINKMAN, P.J.

REINALDO E. RIVERA

ROBERT J. MILLER

HECTOR D. LASALLE, JJ.

2017-07128 Grace Hilt, etc., appellant-respondent, v Adam Carpentieri, etc., et al., respondents, Joseph S. Reiss, et al., respondents-appellants. (Index No. 10589/11)

DECISION & ORDER ON MOTION

2017-10251

Grace Hilt, etc., respondent,

v Adam Carpentieri, etc., et al.,

defendants-respondents, Joseph S.

Reiss, et al., appellants.

(Index No. 10589/11)

Motion by Grace Hilt on an appeal and a cross appeal from an order of the Supreme Court, Nassau County, entered May 3, 2017, to enlarge the time to perfect her appeal. Separate motion by Joseph S. Reiss and Joseph S. Reiss, M.D., P.C., to enlarge the time to perfect the cross appeal and to consolidate the appeal and cross appeal from the order entered May 3, 2017, with an appeal from an order of the same court entered August 29, 2017, or, in the alternative, to calendar the appeals together. Application by Joseph S. Reiss and Joseph S. Reiss, M.D., P.C., pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal from the order entered August 29, 2017.

Upon the papers filed in support of the motion by Grace Hilt and the papers filed in relation thereto, upon the papers filed in support of the motion by Joseph S. Reiss and Joseph S. Reiss, M.D., P.C., and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to consolidate the appeal and cross appeal from the order entered May 3, 2017, with the appeal from the order entered August 29, 2017, is granted; and it is further,

ORDERED that the motion by Grace Hilt, the branch of the motion by Joseph S. Reiss and Joseph S. Reiss, M.D., P.C., which is to enlarge the time to perfect the cross appeal, and the application are granted, Grace Hilt, shall serve and file a joint record or appendix (see 22 NYCRR 670.8[c][1]) and a brief containing their points of argument in connection with the two orders, on or before June 15, 2018, and Grace Hilt shall serve and file an answering brief, including her points of argument in connection with the order entered May 3, 2017, in accordance with the rules of this Court (see 22 NYCRR 670.8[c][3]); and it is further,

ORDERED that the motion by Joseph S. Reiss and Joseph S. Reiss, M.D., P.C., is otherwise denied.

SCHEINKMAN, P.J., RIVERA, MILLER and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court