| Smith v Smith |
| Motion No: 2008-08458 |
| Slip Opinion No: 2009 NYSlipOp 60221(U) |
| Decided on January 8, 2009 |
| 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. |
Appellate Division: Second Judicial Department
M80822
E/sl
ROBERT A. SPOLZINO, J.P.
FRED T. SANTUCCI
JOHN M. LEVENTHAL
CHERYL E. CHAMBERS, JJ.
|
2008-08458, 2008-08459, 2008-10742 Victoria Smith, appellant, v Scott Smith, respondent. (Index Nos. 50955/06, 101619/08)
| DECISION & ORDER ON MOTION |
Motion by Victoria Smith for leave to appeal to this court from an order of the Supreme Court, Richmond County, dated October 28, 2008, to consolidate the appeal from the order dated October 28, 2008, with appeals from two orders of the same court both dated August 14, 2008, for leave to prosecute the appeals on the original record, and for a preference in the calendaring of the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to appeal from so much of the order dated October 28, 2008, as denied reargument is denied; and it is further,
ORDERED that on the court's own motion, the appeal purportedly taken as of right from so much of the order dated October 28, 2008 (Appellate Division Docket No. 2008-10742), as denied reargument is dismissed, without costs or disbursements; and it is further,
ORDERED that the branch of the motion which is for leave to appeal from so much of the order dated October 28, 2008, as denied renewal is denied as unnecessary as that portion of the order is appealable as of right; and it is further,
ORDERED that the branch of the motion which is to consolidate the appeals from the orders dated August 14, 2008, and October 28, 2008, under Index No. 50955/06, is denied as unnecessary as those 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 consolidate the appeals from the order dated August 14, 2008, and the order dated October 28, 2008, under Index No. 50955/06, with the appeal from the order dated August 14, 2008, under Index No. 101619/08, is granted and the parties shall file 10 copies of the record or appendix on the appeals and the briefs; and it is further,
ORDERED that the branches of the motion which are for leave to prosecute the appeals on the original record and for a preference in the calendaring of the appeals are denied.
SPOLZINO, J.P., SANTUCCI, LEVENTHAL and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court