Appellate Division: Second Judicial Department

M102899

E/sl

PETER B. SKELOS, J.P.

HOWARD MILLER

JOHN M. LEVENTHAL

L. PRISCILLA HALL, JJ.

2009-07905, 2009-07911, 2009-07912, 2010-00491 Elise Flangos, plaintiff-respondent, v Paul Flangos, defendant-appellant; Provident Mutual Life Insurance Company of Philadelphia, nonparty-appellant. (Appeals No. 1) Elise Flangos, plaintiff-respondent, v Paul Flangos, defendant-respondent; Provident Mutual Life Insurance Company of Philadelphia, nonparty-appellant. (Appeals Nos. 2, 3, 4) (Index No. 04-18399)

DECISION & ORDER ON MOTION

Motion by Provident Mutual Life Insurance Company of Philadelphia on appeals from an amended judgment of the Supreme Court, Westchester County, dated September 25, 2007 (Appellate Division Docket No. 2009-07905), and on appeals from two orders of the same court both dated August 16, 2006 (Appellate Division Docket Nos. 2009-07911, 2009-07912), and an order of the same court entered November 19, 2009 (Appellate Division Docket No. 2010-00491), to consolidate the appeals and to enlarge the time to perfect the appeals. Cross motion by Elise Flangos to dismiss the appeals from the two orders dated August 16, 2006, on the ground that the right of direct appeal from those orders terminated upon entry of the amended judgment, to correct the caption, to strike the brief filed by Provident Mutual Life Insurance Company of Philadelphia, and for a briefing schedule.

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

ORDERED that the branch of the motion which is to consolidate the appeals is granted, and Provident Mutual Life Insurance Company of Philadelphia shall perfect the appeals using the caption set forth above; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeals is granted, the time to perfect the appeals is enlarged until June 16, 2010, and the joint record or appendix on the appeals and the brief of Provident Mutual Life Insurance Company of Philadelphia must be served and filed on or before that date; and it is further,

ORDERED that Paul Flangos shall serve and file his brief in support of his appeal from the amended judgment dated September 25, 2007 (Appellate Division Docket No. 2009-07905), on or before June 16, 2010, or withdraw his appeal; and it is further,

ORDERED that the branch of the cross motion which is to dismiss the appeals from the two orders dated August 16, 2006 (Appellate Division Docket Nos. 2009-07911, 2009-07912), on the ground that the right of direct appeal from those orders terminated upon entry of the amended judgment is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the cross motion which is to strike the brief filed by Provident Mutual Life Insurance Company of Philadelphia is denied as unnecessary as no brief has been filed; and it is further,

ORDERED that the branches of the cross motion which are to correct the caption and for a briefing schedule are granted to the extent set forth above and otherwise denied.

SKELOS, J.P., MILLER, LEVENTHAL and HALL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court