SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS

PRESENT : PESCE, P.J., PATTERSON and RIOS, JJ.

NOS. 2005-351 K C
and 2005-935 K C
615 NOSTRAND AVENUE CORP.,

Appellant,

-against-


ANIKA ROACH,

Respondent.

DECISION

That branch of the motion by landlord-appellant to consolidate appeals numbered 2005-351 and 2005-935 is granted and the appeals are consolidated under appeal 2005-351.

That branch of the motion, in essence, to vacate dismissal of appeal 2005-351 and for an enlargement of time to perfect appeal 2005-935 is granted and the consolidated appeal shall be perfected by January 6, 2006; otherwise appeal dismissed.

Cross motion by tenant-respondent to dismiss appeal numbered 2005-351 for failure to prosecute is denied.