Appellate Division: Second Judicial Department

M74987

E/cb

WILLIAM F. MASTRO, J.P.

ROBERT A. LIFSON

EDWARD D. CARNI

WILLIAM E. McCARTHY, JJ.

2008-01137, 2008-06801 John McIntosh, appellant, v Dennis O'Brien, et al., respondents, et al., defendants. (Appeal No. 1) John McIntosh, appellant, v Dennis O'Brien, et al., defendants, David Delgado, et al., respondents. (Appeal No. 2) (Index No. 20081/05)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, entered December 14, 2007, and to consolidate that appeal with an appeal from an order of the same court entered May 23, 2008.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order entered December 14, 2007, is granted, the appellant's time to perfect the appeal is enlarged until October 27, 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 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]).

MASTRO, J.P., LIFSON, CARNI and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court