Appellate Division: Second Judicial Department

M107615

E/sl

FRED T. SANTUCCI, J.P.

HOWARD MILLER

JOHN M. LEVENTHAL

L. PRISCILLA HALL, JJ.

2005-10299, 2006-03203, 2009-05288, 2009-06851, 2010-02521, 2010-05282 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Court, Queens County, dated September 28, 2005 (Appellate Division Docket No. 2005-10299), and to deem that appeal withdrawn, (2) to recall and vacate so much of a decision and order on motion of this court, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect -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an order of the same court dated February 10, 2006 (Appellate Division Docket No. 2006-03203), and to deem that appeal withdrawn, (3) to enlarge the time to perfect appeals from an order of the same court entered April 20, 2009 (Appellate Division Docket No. 2009-05288), a money judgment of the same court entered June 2, 2009 (Appellate Division Docket No. 2009-6851), and a judgment of the same court entered January 15, 2010 (Appellate Division Docket No. 2010- 02521), and (4) to consolidate the appeals with an appeal from an order of the same court entered April 23, 2009 (Appellate Division Docket No. 2010-05282), and (5) for an award of an attorney's fee and costs in the sum of $5,000. Cross motion by the respondent to dismiss the appeals from the order entered April 20, 2009 (Appellate Division Docket No. 2009-05288), and the money judgment entered June 2, 2009 (Appellate Division Docket No. 2009-6851), for failure to timely perfect, and to impose a sanction upon the appellant and for an award of an attorney's fee pursuant to 22 NYCRR Part 130-1.1.

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 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), and to deem those appeals withdrawn 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), the money judgment entered June 2, 2009 (Appellate Division Docket No. 2009-6851), and the judgment entered January 15, 2010 (Appellate Division Docket No. 2010-02521), is granted, the appellant's time to perfect those appeals is enlarged until October 1, 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 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 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 for an award of an attorney's fee and costs is denied; and it is further,

ORDERED that the cross motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court