Appellate Division: Second Judicial Department

M63812

E/sl

A. GAIL PRUDENTI, P.J.

STEPHEN G. CRANE

STEVEN W. FISHER

WILLIAM E. McCARTHY, JJ.

2007-03308, 2007-03680, 2007-09610 In the Matter of Christine Bifulco, appellant, v Michael Sienkwicz, respondent. (Appeal No. 1) (Docket No. F-1618/06) Michael Sienkwicz, respondent, v Christine Bifulco, appellant. (Appeal No. 2 & 3) (Index No. 21389/00)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay a certain income execution pending hearing and determination of appeals from an order of the Family Court, Nassau County, dated March 1, 2007, and two orders of the Supreme Court, Suffolk County, dated February 13, 2007, and September 17, 2007, respectively, to consolidate the appeals, and to enlarge the time to perfect the appeals from the orders dated March 1, 2007, and February 13, 2007.

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 consolidate the appeals from the orders dated February 13, 2007, and September 17, 2007, is denied as unnecessary as those appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]); and it is further,

ORDERED that the branch of the motion which is to consolidate the appeal from the order dated March 1, 2007, with the appeals from the orders dated February 13, 2007, and September 17, 2007, is denied; and it is further,

ORDERED that on the court's own motion, the appeals will be calendared together and will be argued or submitted on the same day; and it is further,

ORDERED that the branch of the motion which is to enlarge the appellant's time to perfect the appeal from the order dated March 1, 2007, is granted, and the appellant's time to perfect that appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing her brief on the appeal is enlarged until January 22, 2008; and it is further,

ORDERED that the branch of the motion which is to enlarge the appellant's time to perfect the appeal from the order dated February 13, 2007, is granted, the time to perfect that appeal is enlarged until January 22, 2008, 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 motion is otherwise denied.

PRUDENTI, P.J., CRANE, FISHER and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court