PRESENT: SCUDDER, P. J., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.

DOCKET NO. CA 09-02000
CA 10-00368
CA 10-00369

BERNIE DIPIZIO, PLAINTIFF-RESPONDENT, V DOROTHY DIPIZIO, DEFENDANT-APPELLANT. BERNARD DIPIZIO, PLAINTIFF-RESPONDENT, V DOROTHY DIPIZIO, DEFENDANT-APPELLANT. BERNARD DIPIZIO, PLAINTIFF-RESPONDENT, V DOROTHY DIPIZIO, DEFENDANT-APPELLANT.

Respondent having moved to dismiss the appeals taken from orders and judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on December 10, 2008, November 20, 2009, and December 17, 2009 on the grounds that (1) the right to appeal from the order entered December 10, 2008 terminated when that order was subsumed by the judgment entered December 17, 2009, and (2) appellant cannot appeal to this Court from the orders and judgment entered on November 20, 2009 and December 17, 2009 because they were entered upon the default of appellant,

Appellant having cross-moved for an order consolidating appellant's appeals from the orders entered December 10, 2008, November 20, 2009, and December 17, 2009, granting appellant an extension of time to file the record and perfect the appeals, and granting other relief,

Now, upon reading and filing the affidavit of Patrick C. O'Reilly, Esq. sworn to March 2, 2010, the notice of motion with proof of service thereof, the affirmation of Geffrey Gismondi, Esq. dated March 17, 2010, the affidavit of Dorothy Dipizio sworn to March 17, 2010, the notice of cross motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that respondent's motion to dismiss the appeal from the order and judgment entered December 17, 2009 is granted, without costs, except insofar as it brings up for review the Supreme Court's order entered December 10, 2008 (see CPLR 5511; Matter of Brittany C. [Linda C.], 67 AD3d 788), and

It is further ORDERED that respondent's motion to dismiss the appeal from the order entered November 20, 2009 is granted, and the appeal is dismissed without costs (see CPLR 5511; Lauer v City of Buffalo, 53 AD3d 213, 215), and

It is further ORDERED that respondent's motion to dismiss the appeal from the order entered December 10, 2008 is granted, and the appeal is dismissed without costs (see CPLR 5501 [a]; Hughes v Nussbaumer, Clarke & Velzy, 140 AD2d 988), and

It is further ORDERED that appellant's cross motion for an extension of time to perfect the appeal from the order and judgment entered December 17, 2009 is granted, to the extent the appeal has not been dismissed, and appellant shall perfect the appeal on or before June 15, 2010, and

It is further ORDERED that appellant's cross motion is otherwise denied.

Entered: April 16, 2010

Patricia L. Morgan, Clerk