Appellate Division: Second Judicial Department

M75650

E/sl

REINALDO E. RIVERA, J.P.

HOWARD MILLER

DANIEL D. ANGIOLILLO

CHERYL E. CHAMBERS, JJ.

2008-02246, 2008-04632 Christopher Campbell, etc., et al., respondents, v Nidia Colon Thomas, appellant, et al., defendants. (Appeal No. 1) (Index No. 1756/01) In the Matter of Howard N. Thomas, etc., deceased. Nidia Colon Thomas, appellant; Christopher Campbell, etc., et al., respondents. (Appeal No. 2) (File No. 236/01)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Putnam County, dated January 31, 2008, and to consolidate that appeal with an appeal from an order of the Surrogate's Court, Putnam County, dated May 1, 2008. Cross motion by Christopher Campbell to dismiss the appeals "on the ground that the [c]ourt does not have [j]urisdiction".

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 branch of the motion which is to enlarge the time to perfect the appeal from the order dated January 31, 2008 (Appellate Division Docket No. 2008-02246), is granted, the appellant's time to perfect the appeal is enlarged until November 12, 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; and it is further,

ORDERED that on the court's own motion, the appeals will be calendared together and will be argued or submitted on the same day; and it is further,

ORDERED that the cross motion is denied.

RIVERA, J.P., MILLER, ANGIOLILLO and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court