Appellate Division: Second Judicial Department

M81379

E/nl

STEVEN W. FISHER, J.P.

HOWARD MILLER

EDWARD D. CARNI

RUTH C. BALKIN, JJ.

2008-02964, 2008-06730, 2009-00682 Citibank (South Dakota), N.A., respondent, v Andrew Walzer, appellant. (Index No. 5020/07)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of a judgment of the Supreme Court, Rockland County, entered October 24, 2008, pending hearing and determination of appeals from two orders of the same court dated February 14, 2008, and June 4, 2008, respectively, to consolidate the appeals, in effect, to enlarge the time to perfect the appeals from the orders dated February 14, 2008, and June 4, 2008, and to waive the motion filing fee.

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

ORDERED that on the court's own motion, the notice of appeal from the order dated February 14, 2008, is also deemed to be a notice of appeal from the judgment entered October 24, 2008 (see CPLR 5501[c]); and it is further,

ORDERED that the branch of the motion which is to stay enforcement of the judgment is denied; 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]).; and it is further,

ORDERED that the branch of the motion which is, in effect, to enlarge the time to perfect the appeals from the orders dated February 14, 2008, and June 4, 2008 (Appellate Division Docket Nos. 2008-02964 and 2008-06730), respectively, is granted, the appellant's time to perfect the appeals is enlarged until March 23, 2009, and the record or appendix on the appeals 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 waive the motion filing fee is granted.

FISHER, J.P., MILLER, CARNI and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court