Appellate Division: Second Judicial Department

M56995

E/sl

DAVID S. RITTER, J.P.

PETER B. SKELOS

ROBERT A. LIFSON

RUTH C. BALKIN, JJ.

2006-09752, 2007-04405 Oleg Zhavoronkin, et al., respondents, v Oleg Koutmine, appellant, et al., defendants. (Index No. 03-7044)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an interlocutory judgment of the Supreme Court, Rockland County, dated August 28, 2006, and to consolidate the appeal with an appeal from a judgment of the same court dated April 2, 2007.

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

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the interlocutory judgment dated August 28, 2006, is granted, the appellant's time to perfect the appeal is enlarged until November 2, 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 22NYCRR 670.7[c][1]).

RITTER, J.P., SKELOS, LIFSON and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court