Appellate Division: Second Judicial Department

M129756

E/sl

WILLIAM F. MASTRO, A.P.J.

PETER B. SKELOS

THOMAS A. DICKERSON

PLUMMER E. LOTT, JJ.

2010-10205, 2010-11895, 2010-11896, 2010-11898, 2011-01391, 2011-01661, 2011-02743 In the Matter of Joseph D. (Anonymous), also known as Giuseppe D. (Anonymous). Frank D. (Anonymous), appellant; Adriana D. (Anonymous), et al., respondents. (Appeal Nos. 1 - 4) In the Matter of Joseph D. (Anonymous), also known as Giuseppe D. (Anonymous). Frank D. (Anonymous), appellant; Robert Kruger, etc., respondent. (Appeal No. 5) In the Matter of Joseph D. (Anonymous), also known as Giuseppe D. (Anonymous). Frank D. (Anonymous), appellant; Centennial Insurance Company, respondent. (Appeal No. 6) In the Matter of Joseph D. (Anonymous), also known as Giuseppe D. (Anonymous), appellant. Frank D. (Anonymous), appellant; Adriana D. (Anonymous), et al., respondents. (Appeal No. 7) (Index No. 12891/06)

DECISION & ORDER ON MOTION

Motion by Joseph D., an appellant on an appeal from an order of the Supreme Court, Queens County, dated January 18, 2011, joined by Frank D., an appellant on that appeal as well as appeals from three orders of the same court all dated October 13, 2010, two orders of the same court dated November 23, 2010, and November 24, 2010, respectively, and an order of the same court dated April 13, 2009, which was dismissed by decision and order on motion of this Court dated September 6, 2011, (1) in effect, to reinstate the appeal from the order dated April 13, 2009, and for leave for Joseph D. to intervene in the appeals in which he is not an appellant, (2) to consolidate the appeals, and (3) to enlarge the time to perfect the appeals. Separate motion by Frank D. to reinstate the appeal from the order dated April 13, 2009.

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

ORDERED that the branches of the joint motion which are, in effect, to reinstate the appeal from the order dated April 13, 2009 (Appellate Division Docket No. 2010-10205), and for leave for Joseph D. to intervene in the appeals in which he is not an appellant, and the separate motion by Frank D. to reinstate the appeal from the order dated April 13, 2009, are denied; and it is further,

ORDERED that the branch of the joint motion which is to enlarge the time to perfect the appeal from the order dated April 13, 2009, and to consolidate that appeal with the other appeals is denied as academic; and it is further,

ORDERED that the branch of the joint motion which is to enlarge the time to perfect the appeal from the order dated November 23, 2010 (Appellate Division Docket No. 2011-01661), and to consolidate that appeal with the remaining appeals is held in abeyance pending the liquidation proceedings concerning Centennial Insurance Company; and it is further,

ORDERED that the branch of the joint motion which is to consolidate the appeals is otherwise denied as unnecessary as the appeals from the orders dated January 18, 2011, October 13, 2010, and November 24, 2010, may be consolidated as of right (see 22 NYCRR 670.7[c][1]); and it is further,

ORDERED that the branch of the joint motion which is to enlarge the time to perfect the appeals from the orders dated January 18, 2011 (Appellate Division Docket No. 2011-02743), October 13, 2010 (Appellate Division Docket Nos. 2010-11895, 2010-11896, 2010-11898), and November 24, 2010 (Appellate Division Docket No. 2011-01391), is granted, and the time to perfect those appeals is enlarged until February 3, 2012.

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

ENTER:

Aprilanne Agostino

Clerk of the Court