Appellate Division: Second Judicial Department

M37803

A/sl

THOMAS A. ADAMS, J.P.

REINALDO E. RIVERA

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2005-04456, 2006-00690 Joshua Nesbitt, appellant, v Jean Penalver, respondent. (Index No. 12353/04)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to consolidate appeals from two orders of the Supreme Court, Richmond County, dated January 28, 2005 (Appellate Division Docket No. 2005-04456), and August 30, 2005 (Appellate Division Docket No. 2006-00690), respectively, and to deem the record and brief filed in connection with the appeal from the order dated January 28, 2005, to be the record and brief on both appeals.

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

ORDERED that the motion is granted on condition that on or before May 4, 2006, (1) the appellant shall file an affidavit with the Clerk of this court stating that the only issues he wishes to raise on both appeals are contained in his brief filed with respect to the appeal pending under Appellate Division Docket No. 2005-04456, and that he waives any other issues, and (2) the appellant serves and files a supplemental record containing (a) the motion papers submitted to the Supreme Court which resulted in the order dated August 30, 2005, (b) the order dated August 30, 2005, and (c) the notice of appeal from that order; in the event the appellant complies with the above two conditions, then the appeals are consolidated, the record and brief filed with respect to Appellate Division Docket No. 2005-04456 and the supplemental record and the brief previously filed are deemed to constitute the records and briefs on both appeals; and it is further,

ORDERED that the respondent's time to serve and file a brief is enlarged until June 5, 2006, and the respondent's brief must be served and filed on or before that date.

ADAMS, J.P., RIVERA, SKELOS and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court