Tenery v Criterion Atlantic Property, Inc.
Motion No: 2010-05240
Slip Opinion No: 2010 NY Slip Op 91139(U)
Decided on December 17, 2010
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M112460

E/sl

WILLIAM F. MASTRO, J.P.

JOSEPH COVELLO

SHERI S. ROMAN

SANDRA L. SGROI, JJ.

2010-05240, 2010-09649

Kevin Tenery, appellant, v Criterion Atlantic

Property, Inc., et al., respondents.

(Index No. 7562/07)

DECISION & ORDER ON MOTION

Motion by the appellant to consolidate appeals from two orders of the Supreme Court, Nassau County, dated April 5, 2010 (Appellate Division Docket No. 2010-05240), and August 31, 2010 (Appellate Division Docket No. 2010-09649), respectively, and to enlarge the time to perfect the appeal from the order dated April 5, 2010.

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 appeal from the order dated April 5, 2010 (Appellate Division Docket No. 2010-05240), is granted, the appellant's time to perfect the appeal is enlarged until February 8, 2011, and the record or appendix and the appellant's brief must be served and filed on or before that date.

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

ENTER:

Matthew G. Kiernan

Clerk of the Court