Appellate Division: Second Judicial Department

M48366

E/sl

STEPHEN G. CRANE, J.P.

DAVID S. RITTER

ROBERT J. LUNN

JOSEPH COVELLO, JJ.

2006-04959 Frank R. Nicodemus, respondent, v Elsa A. Nicodemus, appellant. (Appeal No. 1) 2006-08191 Frank R. Nicodemus, appellant, v Elsa A. Nicodemus, respondent. (Appeal No. 2) (Index No. 3222/05)

DECISION & ORDER ON MOTION

Motion by Frank R. Nicodemus, the respondent on an appeal from an interlocutory judgment of the Supreme Court, Dutchess County, dated May 9, 2006, and the appellant on an appeal from an order and July 27, 2006, inter alia, to consolidate the appeals and to stay enforcement of the order. Application by Elsa A. Nicodemus, the appellant on the appeal from the interlocutory judgment and the respondent on the appeal from the order, to enlarge the time to perfect the appeal from the interlocutory judgment.

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

ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]); and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the application is granted, the time to perfect the appeal from the interlocutory judgment is enlarged until January 16, 2007, and the record or appendix on that appeal and the appellant's brief must be served and filed on or before that date.

CRANE, J.P., RITTER, LUNN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court