Appellate Division: Second Judicial Department

M125351

J/sl

WILLIAM F. MASTRO, J.P.

PETER B. SKELOS

THOMAS A. DICKERSON

PLUMMER E. LOTT, JJ.

2010-10205, 2010-11895, 2010-18896, 2010-18898 In the Matter of Joseph D. (Anonymous), also known as Giuseppe D. (Anonymous). Frank D. (Anonymous), appellant; Adriana D. (Anonymous), et al., respondents. 2011-02743 In the Matter of Joseph D. (Anonymous), also known as Giuseppe D. (Anonymous), appellant. Frank D. (Anonymous), appellant; Adriana D. (Anonymous), et al., respondents. (Index No. 12891/06)

DECISION & ORDER ON MOTION

Motion by Joseph D., inter alia, for leave to intervene on appeals from three orders of the Supreme Court, Queens County, all dated October 13, 2010 (Appellate Division Docket Nos. 2010-11895, 2010-11896, 2010-11896), to consolidate the appeals from the orders dated October 13, 2010, with appeals from an order of the same court dated January 18, 2011 (Appellate Division Docket No. 2011-02743), to enlarge the time to perfect the appeals from the orders dated October 13, 2010, and to stay enforcement of the orders until a final accounting in the underlying proceeding is held. Motion by Frank D. to enlarge the time to perfect the appeals from the orders dated October 13, 2010. Motion by the respondent Robert Kruger to enlarge the record on the appeals from the orders dated October 13, 2010. Motion by Frank D. to enlarge the time to perfect an appeal from an order of the same court dated April 13, 2009 (Appellate Division Docket No. 2010-10205). Application to enlarge the time to perfect the appeals from the order dated January 18, 2011.

Upon the papers filed in support of the motions and the application, the papers filed in opposition to the motions by Joseph D. and Frank D., and no papers having been filed in opposition or in relation to the motion by Robert Kruger and the application, it is

ORDERED that the branch of the motion by Joseph D. which is for leave to intervene on the appeals from the orders dated October 13, 2010 (Appellate Division Docket Nos. 2010-11895, 2010-11896, 2010-11896) is denied; and it is further,

ORDERED that the branch of the motion by Joseph D. which is to enlarge the time to perfect the appeals from the orders dated October 13, 2010, is denied as academic; and it is further,

ORDERED that the branch of the motion by Joseph D. which is to consolidate the appeals from the orders dated October 13, 2010, with appeals from the order dated January 18, 2011, is denied as unnecessary, as the appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]); and it is further,

ORDERED that the motion by Joseph D. is otherwise denied; and it is further,

ORDERED that the motion by Frank D. to enlarge the time to perfect the appeals from the orders dated October 13, 2010 (Appellate Division Docket Nos. 2010-11895, 2010-11896, 2010-11896), is granted, and the record or appendix on the appeals and the appellant's brief must be served and filed on or before October 11, 2011; and it is further,

ORDERED that the motion by Robert Kruger is denied; and it is further,

ORDERED that the application is granted to the extent that the joint record or appendix on the appeals from the order dated January 18, 2011 (see 22 NYCRR 670.8[c][1]) and the appellants' respective briefs must be served and filed on or before October 11, 2011, and the application is otherwise denied; and it is further,

ORDERED that on the Court's own motion, the appeal by Frank D. from the order dated April 13, 2009 (Appellate Division Docket No. 2010-10205), is dismissed, without costs or disbursements, as the appellant is not aggrieved by the order (see CPLR 5511); and it is further,

ORDERED that the motion by Frank D. to enlarge the time to perfect the appeal from the order dated April 13, 2009 (Appellate Division Docket No. 2010-10205), is denied as academic.

MASTRO, J.P., SKELOS, DICKERSON and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court