Appellate Division: Second Judicial Department

M100691

E/sl

JOSEPH COVELLO, J.P.

FRED T. SANTUCCI

DANIEL D. ANGIOLILLO

THOMAS A. DICKERSON, JJ.

2009-06932, 2010-01452 Hendra Wargo, appellant, v Paul Henri Jean, et al., defendants, Wilmington Finance, etc., respondent. (Action No. 1) Wilmington Finance, etc., respondent, v Paul Jean, defendant, Hendra Wargo, appellant. (Action No. 2) (Index Nos. 06-4192, 06-8697)

DECISION & ORDER ON MOTION

Motion by the respondent on appeals from two orders of the Supreme Court, Orange County, dated January 2, 2008 (Appellate Division Docket No. 2010-01452), and June 3, 2009 (Appellate Division Docket No. 2009-06932), respectively, to dismiss the appeal from the order dated January 2, 2008, pursuant to CPLR 5515(1) and CPLR 5513(a). Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief with respect to the appeal from the order dated June 3, 2009.

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

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

ORDERED that the application is granted and the respondent's time to serve and file a brief with respect to the appeal from the order dated June 3, 2009 (Appellate Division Docket No. 2009-06932), is enlarged until April 30, 2010, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that on the court's own motion, the respondent's time to serve and file a brief with respect to the appeal from the order dated January 2, 2008 (Appellate Division Docket No. 2010-01452), is enlarged until April 30, 2010, and the respondent's brief must be served and filed on or before that date.

COVELLO, J.P., SANTUCCI, ANGIOLILLO and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court