Appellate Division: Second Judicial Department

M103585

E/sl

STEVEN W. FISHER, J.P.

FRED T. SANTUCCI

HOWARD MILLER

PLUMMER E. LOTT, JJ.

2009-08994, 2010-04177 James Gatto, appellant, v Inservices Corp., et al., respondents (and a related action). (Index No. 101593/07)

DECISION & ORDER ON MOTION

Motion by the appellant to consolidate appeals from two orders of the Supreme Court, Richmond County, dated August 25, 2009 (Appellate Division Docket No. 2009-08994), and April 15, 2010 (Appellate Division Docket No. 2010-04177), respectively, and, in effect, to enlarge the time to perfect the appeal from the order dated August 25, 2009.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

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 August 25, 2009 (Appellate Division Docket No. 2009-08994), is granted, the appellant's time to perfect the appeal is enlarged until July 15, 2010, 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 no further enlargement of time shall be granted.

FISHER, J.P., SANTUCCI, MILLER and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court