Appellate Division: Second Judicial Department

M92946

E/sl

STEVEN W. FISHER, J.P.

JOSEPH COVELLO

THOMAS A. DICKERSON

PLUMMER E. LOTT, JJ.

2009-02350, 2009-03108, 2009-06234 Teresa Vogelgesang, respondent, v Arthur Vogelgesang, appellant. (Appeal Nos. 1 and 2) In the Matter of Teresa Vogelgesang, respondent, v Arthur Vogelgesang, appellant. (Appeal No. 3) (Index Nos. 750/05, 17102/08)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss appeals from two orders of the Supreme Court, Queens County, dated January 27, 2009 (Appellate Division Docket No. 2009-02350), and March 16, 2009 (Appellate Division Docket No. 2009-03108), respectively, and an appeal from a judgment of the same court entered June 24, 2009 (Appellate Division Docket No. 2009-06234), or to enlarge her time to serve and file briefs. Separate motion by the appellant to consolidate the appeals from the orders with the appeals from the judgment.

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

ORDERED that the appellant's motion to consolidate the appeals is granted; and it is further,

ORDERED that the branch of the respondent's motion which is to enlarge the time to serve and file briefs is granted, and the respondent's time to serve and file separate briefs in connection with the appeals from (1) the orders dated January 27, 2009, and March 16, 2009, respectively, and (2) the judgment entered June 24, 2009, is enlarged until November 9, 2009; the appellant shall file one reply brief, if any, to the respondent's briefs; and it is further,

ORDERED that the respondent's motion is otherwise denied.

FISHER, J.P., COVELLO, DICKERSON and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court