Marshall v Marshall
Motion No: 2009-01404
Slip Opinion No: 2009 NY Slip Op 80851(U)
Decided on August 18, 2009
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M90930

E/sl

MARK C. DILLON, J.P.

JOSEPH COVELLO

DANIEL D. ANGIOLILLO

LEONARD B. AUSTIN, JJ.

2009-01404, 2009-03765

Walter Marshall, et al., respondents,

v Robert Marshall, et al., appellants.

(Index No. 11617/06)

DECISION & ORDER ON MOTION

Motion by the appellants to consolidate appeals from two orders of the Supreme Court, Queens County, entered December 30, 2008, and March 10, 2009, respectively.

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 motion 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 appellants' time to perfect the appeal from the order entered December 30, 2008 (Appellate Division Docket No. 2009-01404), is enlarged until October 7, 2009, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

DILLON, J.P., COVELLO, ANGIOLILLO and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court