Appellate Division: Second Judicial Department

M38176

T/sl

THOMAS A. ADAMS, J.P.

WILLIAM F. MASTRO

STEVEN W. FISHER

JOSEPH COVELLO, JJ.

2004-09179 Maureen O'Donnell, respondent-appellant, v John O'Donnell, appellant-respondent. (Index No. 13797/04) 2005-08153 In the Matter of John O'Donnell, appellant, v Maureen O'Donnell, respondent. (Index No. 28556/04)

DECISION & ORDER ON MOTION

Motion by John O'Donnell to consolidate an appeal and cross appeal from a judgment of the Supreme Court, Queens County, dated September 21, 2004 (Appellate Division Docket No. 2004-09179), with an appeal from an order of the same court dated July 12, 2005 (Appellate Division Docket No. 2005-08153), and to enlarge the time to perfect the appeals.

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

ORDERED that the branch of the motion which is to consolidate the appeals is granted, and the parties are directed to file 10 copies of the joint record or appendix and their respective briefs; 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 movant's time to perfect his appeals is enlarged until May 22, 2006, and the joint record or appendix on the appeals (see 22 NYCRR 670.8[c][1]) and the movant's brief must be served and filed on or before that date; and it is further,

ORDERED that the respondent-appellant shall serve and file her answering brief, including her points of argument on the cross appeal, in accordance with rules of this court (see 22 NYCRR 670.8[c][3]).

ADAMS, J.P., MASTRO, FISHER and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court