Appellate Division: Second Judicial Department

M60896

E/sl

ROBERT W. SCHMIDT, J.P.

STEVEN W. FISHER

ROBERT A. LIFSON

EDWARD D. CARNI, JJ.

2007-02397, 2007-08238 In the Matter of Eleanor F. Goliger, deceased. Anne F. Pizzo, etc., et al., nonparty-appellants; David Goliger, respondent. (File No. 324194)

DECISION & ORDER ON MOTION

Motion by the nonparty-appellant Anne F. Pizzo to consolidate appeals from an order of the Surrogate's Court, Nassau County, dated February 1, 2007, with an appeal from a clerk's extract of the same court dated February 28, 2007, 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 on the court's own motion, the appeal from the clerk's extract dated February 28, 2007 (Appellate Division Docket No. 2007-08238), is dismissed, without costs or disbursements, as no appeal lies from a clerk's extract (see Rockman v Brosnan, 280 AD2d 591); 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 clerk's extract dated February 28, 2007, are denied as unnecessary; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeals from the order dated February 1, 2007 (Appellate Division Docket No. 2007-02397), is granted, the time to perfect the appeals is enlarged until January 8, 2008, and the joint record or appendix on the appeals and the appellants' respective briefs must be served and filed on or before that date.

SCHMIDT, J.P., FISHER, LIFSON and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court