Appellate Division: Second Judicial Department

M60513

E/nl

ROBERT W. SCHMIDT, J.P.

GLORIA GOLDSTEIN

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2007-01219, 2007-06947 In the Matter of Jeffrey Schmidt, respondent, v Putnam County Office of the Sheriff, et al., appellants. (Index Nos. 351/04, 1432/06)

DECISION & ORDER ON MOTION

Motion by the Putnam County Office of the Sheriff and the County of Putnam for leave to appeal to this court from an order of the Supreme Court, Putnam County, dated February 1, 2005, to consolidate that appeal with an appeal from a judgment of the same court dated November 21, 2006, and to enlarge the time to perfect 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 for leave to appeal from the order dated February 1, 2005, is denied; and it is further,

ORDERED that on the court's own motion, the appeal purportedly taken as of right from the order dated February 1, 2005 (Appellate Division Docket No. 2007-06947), is dismissed, without costs or disbursements (see CPLR 5701[b][1]); and it is further,

ORDERED that the branches of the motion which are to consolidate the appeals and to enlarge the time to perfect the appeal from the order dated February 1, 2005, are denied ; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the judgment dated November 21, 2006 (Appellate Division Docket No. 2007-01219), is granted, the time of the Putnam County Office of the Sheriff and the County of Putnam to perfect the appeal is enlarged until October 29, 2007, and the record or appendix on the appeal and the brief of the Putnam County Office of the Sheriff and the County of Putnam must be served and filed on or before that date.

SCHMIDT, J.P., GOLDSTEIN, SKELOS and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court