Appellate Division: Second Judicial Department

M107101

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

PLUMMER E. LOTT

LEONARD B. AUSTIN, JJ.

2009-04967, 2010-00100, 2010-06776 Denice LaBarca Zito, appellant, v Edward Jastremski, etc., et al., respondents. (Index No. 11415/04)

DECISION & ORDER ON MOTION

Motion by the appellant to consolidate appeals from two orders of the Supreme Court, Richmond County, dated October 20, 2009 (Appellate Division Docket No. 2009-04967), and May 27, 2010 (Appellate Division Docket No. 2010-06776), respectively, and a judgment of the same court dated December 2, 2009 (Appellate Division Docket No. 2010-00100), and to enlarge the time to perfect the appeals from the order dated October 20, 2009, and the judgment dated December 2, 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 to enlarge the time to perfect the appeals from the order dated October 20, 2009 (Appellate Division Docket No. 2009-04967), and the judgment dated December 2, 2009 (Appellate Division Docket No. 2010-00100), is granted, the appellant's time to perfect the appeals is enlarged until October 15, 2010, and the record or appendix on the appeals 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.

DILLON, J.P., BALKIN, LOTT and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court