Blumberg v Bernstein
Motion No: 2007-09586
Slip Opinion No: 2008 NYSlipOp 69610(U)
Decided on April 22, 2008
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M69352

E/sl

HOWARD MILLER, J.P.

MARK C. DILLON

DANIEL D. ANGIOLILLO

WILLIAM E. McCARTHY, JJ.

2007-09586, 2007-11586

David Blumberg, appellant,

v Morton Bernstein, et al., respondents.

(Index No. 10635-07)

DECISION & ORDER ON MOTION

Motion by the appellant to consolidate appeals from two orders of the Supreme Court, Suffolk County, dated September 5, 2007, and November 5, 2007, respectively, and to enlarge the time to perfect the appeal from the order dated September 5, 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 is denied as unnecessary as the 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 enlarge the time to perfect the appeal from the order dated September 5, 2007 (Appellate Division Docket No. 2007-09586), is granted, the appellant's time to perfect the appeal is enlarged until June 23, 2008, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

MILLER, J.P., DILLON, ANGIOLILLO and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court