Appellate Division: Second Judicial Department

M95263

E/sl

STEVEN W. FISHER, J.P.

DANIEL D. ANGIOLILLO

PLUMMER E. LOTT

SANDRA L. SGROI, JJ.

2009-04762, 2009-07998 In the Matter of Rosemary Mooney, deceased. George Mooney, appellant; Theresa McIntyre, et al., respondents. (File No. P-387/06)

DECISION & ORDER ON MOTION

Motion by the respondent Theresa McIntyre on appeals from two orders of the Surrogate's Court, Richmond County, dated March 6, 2009, and July 7, 2009, respectively, to dismiss the appeal from the order dated March 6, 2009 (Appellate Division Docket No. 2009-04762), for failure to timely perfect. Cross motion by the appellant to enlarge the time to perfect the appeal from the order dated March 6, 2009, and, in effect, to consolidate the appeals.

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

ORDERED that the motion is denied; and it is further,

ORDERED that the branch of the cross motion which is to enlarge the time to perfect the appeal from the order dated March 6, 2009 (Appellate Division Docket No. 2009-04762), is granted, the appellant's time to perfect that appeal is enlarged until December 31, 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 branch of the cross 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., ANGIOLILLO, LOTT and SGROI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court