Appellate Division: Second Judicial Department

M96649

E/sl

FRED T. SANTUCCI, J.P.

THOMAS A. DICKERSON

RANDALL T. ENG

CHERYL E. CHAMBERS, JJ.

2009-03692, 2009-03693, 2009-09965 Gennady Gorelik, appellant-respondent, v Elena Gorelik, respondent-appellant. (Appeal No. 1) Gennady Gorelik, appellant, v Elena Gorelik, respondent. (Appeal Nos. 2 & 3) (Index No. 42856/92)

DECISION & ORDER ON MOTION

Motion by Gennady Gorelik on an appeal and cross appeal from an order of the Supreme Court, Kings County, dated March 5, 2009, docketed under Appellate Division Docket No. 2009-03692, an appeal from an order of the same court also dated March 5, 2009, docketed under Appellate Division Docket No. 2009-03693, and an appeal from an order of the same court dated September 14, 2009 (Appellate Division Docket No. 2009-09965), inter alia, to enlarge the time to perfect the appeals from the orders dated March 5, 2009, and to deem the proposed joint appendix for those appeals and cross appeal to be the joint appendix and to require the parties to share in the cost of the joint appendix. Separate motion by the appellant to stay a certain hearing in the above-entitled action, to consolidate the appeals, to supplement the record, and to enlarge the time to perfect the appeals.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that on the court's own motion, the appeal from the order dated March 5, 2009, docketed under Appellate Division Docket No. 2009-03693 is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice (see CPLR 5701), and we decline to grant leave to appeal; and it is further,

ORDERED that the branches of the motions which are to enlarge the time to perfect the appeal from the order dated March 5, 2009, docketed under Appellate Division Docket No. 2009-03692 are granted, the time to perfect that appeal is enlarged until March 1, 2010, and the joint record or appendix on the appeal and Gennady Gorelik'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 deem the proposed joint appendix to be the joint appendix and to require the parties to share in the cost of the joint appendix is granted to the extent that the parties shall share in the cost of the joint appendix (see 22 NYCRR 670.8[c][1]) and the joint appendix shall consist of pages A1 through A23, A27 through A206 and A368 through A369 of the proposed joint appendix as well as the following documents:

(1) Exhibits C, D, E, F, G, H, and I to the order to show cause dated August 28, 2008;

(2) Exhibits D and S to Gennady Gorelik's notice of cross motion of dated September 6, 2008;

(3) Exhibit A to the affirmation of Howard A. Gardner dated September 14, 2008;

(4) Exhibits A, B, C, D, E, F, and H to Gennady Gorelik's reply affidavit dated September 29, 2008;

(5) Exhibits 4, 5A, 5B, 5C, 5D, and 5E to the order to show cause dated July 14, 2008;

(6) certification of Howard Gardner dated September 15, 2008, as to the good faith of the application for an order to show cause dated July 14, 2008;

(7) Exhibits B, C, D, and E to Elena Gorelik's reply affidavit dated September 11, 2008, to Gennady Gorelik's statement of objection;

(8) reply affirmation of Howard A. Gardner dated September 25, 2008, and Exhibits A, B, C, D, E, F, G, H, I , and J; and

(9) transcript of the minutes of the proceedings on February 2, 2009; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals and cross appeal is denied as unnecessary as the appeals and cross appeal may be consolidated as of right (see 22 NYCRR 670.7[c][1]); and it is further,

ORDERED that the motions are otherwise denied.

SANTUCCI, J.P., DICKERSON, ENG and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court