Appellate Division: Second Judicial Department

M102728

E/sl

REINALDO E. RIVERA, J.P.

ANITA R. FLORIO

DANIEL D. ANGIOLILLO

LEONARD B. AUSTIN, JJ.

2009-11272, 2010-02760 Steve Rose, appellant, v Julie H. Levine, et al., defendants, Robert Levine, respondent. (Index No. 05-14689)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of stated portions of two orders of the Supreme Court, Westchester County, dated September 2, 2009 (Appellate Division Docket No. 2009-11272), and February 3, 2010 (Appellate Division Docket No. 2010-02760), respectively, pending hearing and determination of appeals therefrom, to consolidate the appeals, and, in effect, to enlarge the time to perfect the appeal from the order dated September 2, 2009.

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 stay enforcement of stated portions of the orders is denied; 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]); and it is further,

ORDERED that the branch of the motion which is, in effect, to enlarge the time to perfect the appeal from the order dated September 2, 2009 (Appellate Division Docket No. 2009-11272), is granted, the appellant's time to perfect the appeal is enlarged until July 12, 2010, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

RIVERA, J.P., FLORIO, ANGIOLILLO and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court