Appellate Division: Second Judicial Department

M89226

E/sl

ANITA R. FLORIO, J.P.

HOWARD MILLER

JOHN M. LEVENTHAL

PLUMMER E. LOTT, JJ.

2008-03812, 2009-00540, 2009-04554 Cynthia Frenchman, etc., et al., plaintiff- respondents, v Westchester Medical Center, et al., appellants, David Wolf, etc., defendant- respondent, et al., defendant. (Index No. 03-2300)

DECISION & ORDER ON MOTION

Motion by the appellants to enlarge the time to perfect appeals from a judgment of the Supreme Court, Westchester County, dated April 9, 2008, and an order of the same court entered December 22, 2008, and to consolidate those appeals with an appeal from an amended judgment of the same court entered March 30, 2009.

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 appeals from the judgment dated April 9, 2008 (Appellate Division Docket No. 2008-03812), and the order entered December 22, 2008 (Appellate Division Docket No. 2009-00540), is granted, the appellants' time to perfect those appeals is enlarged until November 4, 2009, and the record or appendix and the appellants' 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]).

FLORIO, J.P., MILLER, LEVENTHAL and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court