Appellate Division: Second Judicial Department

M112088

E/sl

WILLIAM F. MASTRO, J.P.

JOSEPH COVELLO

SHERI S. ROMAN

SANDRA L. SGROI, JJ.

2010-06345, 2010-10627 Dock A. Cope, appellant, v Aatif Barakaat, et al., respondents. (Index No. 13763/04)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated May 21, 2010 (Appellate Division Docket No. 2010-06345), and to consolidate that appeal with an appeal from an order of the same court dated October 1, 2010 (Appellate Division Docket No. 2010-10627). Cross motion by the respondent Olabanji Awosika, in effect, to dismiss the appeal from the order dated October 1, 2010, on the ground that the order, in part, denies reargument.

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 enlarge the time to perfect the appeal is granted, the appellant's time to perfect the appeal from the order dated May 21, 2010 (Appellate Division Docket No. 2010-06345), is enlarged until February 4, 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 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 cross motion is denied without prejudice to raising the issue in a respondent's brief.

MASTRO, J.P., COVELLO, ROMAN and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court