Appellate Division: Second Judicial Department

M70575

M/cb

HOWARD MILLER, J.P.

MARK C. DILLON

RUTH C. BALKIN

CHERYL E. CHAMBERS, JJ.

2007-11246, 2008-02073 In the Matter of Jennie Bennett-McGuire, respondent, v Vincent Thomas McGuire, appellant. (Docket No. O-22350-07

DECISION & ORDER ON MOTION

Appeal by Vincent Thomas McGuire from an order of the Family Court, Queens County, dated February 13, 2008. By order to show cause dated April 22, 2008, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated March 13, 2008, issued pursuant to 22 NYCRR 670.4(a)(2). The transcripts were received by the appellant on or about May 7, 2008. Application by the appellant to consolidate this appeal with an appeal from an order of the same court, dated November 5, 2007 (Appellate Division Docket Number 2007-11246).

Now, on the court's own motion, and the papers filed in response to the order to show cause, it is

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

ORDERED that application 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 appellant's time to perfect the appeals under Appellate Division Docket Numbers 2007-11246 and 2008-02073 by causing the original papers constituting the record on the appeals to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing the appellant's brief on the appeals is enlarged until June 16, 2008.

MILLER, J.P., DILLON, BALKIN and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court