Appellate Division: Second Judicial Department

M81787

E/sl

STEVEN W. FISHER, J.P.

MARK C. DILLON

DANIEL D. ANGIOLILLO

ARIEL E. BELEN, JJ.

2008-02471, 2008-11578 George Moffett, respondent, v James Gerardi, appellant. (Index No. 24760-04)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated February 25, 2008, and to consolidate the appeal with an appeal from an order of the same court dated November 12, 2008.

Upon the papers filed in support of the motion and the papers filed 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 dated February 25, 2008 (Appellate Division Docket No. 2008-02471), is granted and the appellant's time to perfect the appeal is enlarged until February 27, 2009, 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 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]).

FISHER, J.P., DILLON, ANGIOLILLO and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court