Appellate Division: Second Judicial Department

M88502

S/sl

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

RANDALL T. ENG

ARIEL E. BELEN, JJ.

2008-10413, 2009-02350, 2009-03108 Teresa Vogelgesang, respondent, v Arthur Vogelgesang, appellant. (Index No. 750/05)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated April 27, 2009, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the appellant on appeals from three orders of the Supreme Court, Queens County, dated September 15, 2008, January 27, 2009, and March 16, 2009, respectively, to enjoin the respondent from enforcing the child support or maintenance provisions of the judgment of divorce, to enjoin the respondent from mortgaging or encumbering certain real property, for leave to prosecute the appeals as a poor person, to consolidate the appeals, and to enlarge the time to perfect the appeal from the order dated September 15, 2008.

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 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 to enlarge time is granted and the appellant's time to perfect the appeal from the order dated September 15, 2008 (Appellate Division Docket No. 2008-10413), is enlarged until July 22, 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 the motion is otherwise denied.

PRUDENTI, P.J., MILLER, ENG and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court