Appellate Division: Second Judicial Department

M102260

E/sl

WILLIAM F. MASTRO, J.P.

HOWARD MILLER

JOHN M. LEVENTHAL

ARIEL E. BELEN, JJ.

2005-10299, 2006-03203, 2009-05288, 2009-06851, 2010-02521, 2010-02521 Victoria Auriemmo, appellant, v Richard Auriemmo, respondent. (Index No. 14772/04)

DECISION & ORDER ON MOTION

Motion by the appellant (1) to recall and vacate so much of a decision and order on motion of this court, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - June 2006 Calendar" dated July 17, 2006, as dismissed an appeal from an order of the Supreme Court, Queens County, dated September 28, 2005 (Appellate Division Docket No. 2005-10299), (2) to recall and vacate so much of a decision and order on motion of this court, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - October 2006 Calendar" dated November 20, 2006, as dismissed an appeal from an order of the same court dated February 10, 2006 (Appellate Division Docket No. 2006-03203), (3) to enlarge the time to perfect appeals from an order of the same court entered April 20, 2009 (Appellate Division Docket No. 2009-05288), and a judgment of the same court entered June 2, 2009 (Appellate Division Docket No. 2009-6851), to the date for perfection of an appeal from a judgment of the same court entered January 15, 2010 (Appellate Division Docket No. 2010- 02521), (4) to consolidate the appeals, and (5) for an award of an attorney's fee and costs.

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

ORDERED that the branches of the motion which are to recall and vacate so much of the decision and order on motion of this court dated July 17, 2006, as dismissed the appeal from the order dated September 28, 2005 (Appellate Division Docket No. 2005-10299), and so much of the decision and order on motion of this court dated November 20, 2006, as dismissed the appeal from the order dated February 10, 2006 (Appellate Division Docket No. 2006-03203), are denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect appeals from the order entered April 20, 2009 (Appellate Division Docket No. 2009-05288), and the judgment entered June 2, 2009 (Appellate Division Docket No. 2009-6851), is granted to the extent that the appellant's time to perfect those appeals is enlarged until July 6, 2010, and the record or appendix on the appeals and the appellant's brief must be served and filed on or before that date, and that branch of the motion is otherwise denied; and it is further,

ORDERED that no further enlargement of time shall be granted; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals from the order entered April 20, 2009, and the two judgments entered June 2, 2009, and January 15, 2010, respectively, 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 orders dated September 28, 2005, and February 10, 2006, respectively, is denied as academic; and it is further,

ORDERED that the branch of the motion which is for an award of an attorney's fee and costs is denied.

MASTRO, J.P., MILLER, LEVENTHAL and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court