Appellate Division: Second Judicial Department

M70448

E/sl

REINALDO E. RIVERA, J.P.

ROBERT A. SPOLZINO

THOMAS A. DICKERSON

RANDALL T. ENG, JJ.

2007-07020, 2008-03033 Adrian Family Partners I, L.P., appellant, v Exxonmobil Corporation, et al., respondents. (Index No. 01-19344)

DECISION & ORDER ON MOTION

Motion by the respondents on appeals from an order of the Supreme Court, Westchester County, entered June 11, 2007, and a judgment of the same court dated February 19, 2008, to dismiss the appeal from the order on the ground that it was not timely perfected. Cross motion by the appellant to enlarge the time to perfect the appeal from the order and to consolidate the appeals.

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

ORDERED that the motion is denied; and it is further,

ORDERED that the branch of the cross motion which is to enlarge the time to perfect the appeal from the order entered June 11, 2007 (Appellate Division Docket No. 2007-07020), is granted and the appellant's time to perfect the appeal is enlarged until June 16, 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 no further enlargement of time shall be granted; and it is further,

ORDERED that the branch of the cross 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]).

RIVERA, J.P., SPOLZINO, DICKERSON and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court