Appellate Division: Second Judicial Department

M111058

E/sl

STEVEN W. FISHER, J.P.

ANITA R. FLORIO

JOHN M. LEVENTHAL

L. PRISCILLA HALL, JJ.

2010-00930, 2010-08040, 2010-08041 Adelaida O'Brien, respondent, v Kevin O'Brien, appellant. (Index No. 02-2309)

DECISION & ORDER ON MOTION

Motion by the appellant to consolidate appeals from two judgments of the Supreme Court, Orange County, dated November 30, 2009 (Appellate Division Docket No. 2010-00930), and May 11, 2010 (Appellate Division Docket No. 2010-08041), respectively, and an order of the same court dated June 25, 2010 (Appellate Division Docket No. 2010-08040), and to enlarge the time to perfect the appeal from the judgment dated November 30, 2009. Cross motion by the respondent to dismiss the appeal from the judgment dated November 30, 2009, for failure to timely perfect.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition 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 appeal from the judgment dated November 30, 2009 (Appellate Division Docket No. 2010-00930), is granted and the appellant's time to perfect the appeal is enlarged until January 3, 2011, 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 the cross motion is denied.

FISHER, J.P., FLORIO, LEVENTHAL and HALL, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court