Appellate Division: Second Judicial Department

M52667

E/sl

ROBERT A. SPOLZINO, J.P.

GABRIEL M. KRAUSMAN

PETER B. SKELOS

THOMAS A. DICKERSON, JJ.

2006-05280, 2007-00584 Darlene Embury, respondent, v James Embury, appellant. (Index No. 04-149)

DECISION & ORDER ON MOTION

Motion by the appellant to consolidate appeals from two judgments of the Supreme Court, Westchester County, dated December 21, 2005 (Appellate Division Docket No. 2006-05280), and November 16, 2006 (Appellate Division Docket No. 2007-00584), respectively, and to enlarge the time to perfect the appeal from the judgment dated December 21, 2005.

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

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the judgment dated December 21, 2005 (Appellate Division Docket No. 2006-05280), is granted, the appellant's time to perfect the appeal is enlarged until May 14, 2007, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted; and it is further,

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]).

SPOLZINO, J.P., KRAUSMAN, SKELOS and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court