Appellate Division: Second Judicial Department

M55264

E/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

DAVID S. RITTER

ROBERT A. LIFSON, JJ.

2006-08605, 2006-08609, 2006-08610 In the Matter of Tracey Iorio, et al., respondents, v Joseph Hyler, appellant. (Docket Nos. O-13144-05, V-5772-04/05, V-5773-04/05)

DECISION & ORDER ON MOTION

Motion by the appellant to consolidate appeals from two orders of the Family Court, Westchester County, both dated August 7, 2006, and an order of the same court dated August 8, 2006.

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

ORDERED that the branch of the motion which is to consolidate the appeals assigned Appellate Division Docket Nos. 2006-08609 and 2006-08610 is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7[c]); and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals assigned Appellate Division Docket Nos. 2006-08609 and 2006-08610 with the appeal assigned Appellate Division Docket No. 2006-08605 is granted; and it is further,

ORDERED that the parties and the Law Guardian, if any, are directed to file ten copies of their respective briefs; and it is further,

ORDERED that the appellant's time to perfect the appeals by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeals is enlarged until June 29, 2007.

MILLER, J.P., CRANE, RITTER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court