Appellate Division: Second Judicial Department

M53425

E/sl

ROBERT W. SCHMIDT, J.P.

GLORIA GOLDSTEIN

DANIEL D. ANGIOLILLO

WILLIAM E. McCARTHY, JJ.

2006-07012, 2007-02399 Anne Berardi, respondent, v Philip Berardi, appellant. (Index No. 5629/91)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect appeals from two orders of the Supreme Court, Richmond County, dated June 21, 2006, and February 26, 2007, respectively, and to consolidate the appeals.

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 order dated February 26, 2007, is denied as premature; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order dated June 21, 2006, is granted, the time to perfect the appeal from the order dated June 21, 2006, is enlarged until June 18, 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 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]).

SCHMIDT, J.P., GOLDSTEIN, ANGIOLILLO and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court