Harrison v Bailey
Motion No: 2009-02701
Slip Opinion No: 2010 NY Slip Op 65542(U)
Decided on March 15, 2010
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

M99814

E/sl

STEVEN W. FISHER, J.P.

DANIEL D. ANGIOLILLO

ARIEL E. BELEN

PLUMMER E. LOTT, JJ.

2009-02701, 2009-11728, 2010-01589

Christopher Harrison, respondent,

v Maurice Andre Bailey, et al., appellants.

(Index No. 7322/07)

DECISION & ORDER ON MOTION

Motion by the appellants to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated February 10, 2009 (Appellate Division Docket No. 2009-02701), and to consolidate that appeal with appeals from two orders of the same court dated November 10, 2009 (Appellate Division Docket No. 2009-11728), and January 26, 2010 (Appellate Division Docket No. 2010-01589), respectively.

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 enlarge the time to perfect the appeal from the order dated February 10, 2009 (Appellate Division Docket No. 2009-02701), is granted, the appellants' time to perfect the appeal is enlarged until April 14, 2010, and the record or appendix on the appeal 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 will 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]).

FISHER, J.P., ANGIOLILLO, BELEN and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court