| Congel v Malfitano |
| Motion No: 2007-04386 |
| Slip Opinion No: 2008 NYSlipOp 77376(U) |
| Decided on July 10, 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. |
Appellate Division: Second Judicial Department
M72951
E/sl
MARK C. DILLON, J.P.
DANIEL D. ANGIOLILLO
EDWARD D. CARNI
RANDALL T. ENG, JJ.
|
2007-04386, 2008-00042, 2008-05467 Robert Congel, etc., et al., respondents, v Marc Malfitano, appellant. (Index No. 220/07)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to consolidate appeals from three orders of the Supreme Court, Dutchess County, dated April 20, 2007, November 28, 2007, and May 29, 2008, respectively, and, in effect, to enlarge the time to perfect the appeal from the order dated November 28, 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 November 28, 2007 (Appellate Division Docket No. 2008-00042), and May 29, 2008 (Appellate Division Docket No. 2008-05467), 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 April 20, 2007 (Appellate Division Docket No. 2007-04386), with the appeals from the orders dated November 28, 2007, and May 29, 2008, is granted to the extent that 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, in effect, to enlarge the time to perfect the appeal from the order dated November 28, 2007 (Appellate Division Docket No. 2008-00042), is granted, the appellant's time to perfect that appeal is enlarged until September 15, 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 on the court's own motion, the appellant shall perfect the appeal from the order dated May 29, 2008 (Appellate Division Docket No. 2008-05467), on or before September 15, 2008; and it is further,
ORDERED that the motion is otherwise denied.
DILLON, J.P., ANGIOLILLO, CARNI and ENG, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court