Appellate Division: Second Judicial Department

M138959

E/sl

REINALDO E. RIVERA, J.P.

THOMAS A. DICKERSON

L. PRISCILLA HALL

ROBERT J. MILLER, JJ.

2011-10803, 2012-00601, 2012-01008, 2012-04323 Patricia Tenore, respondent, v Thomas Tenore, appellant. (Index No. 05-4324)

DECISION & ORDER ON MOTION

Motion by the respondent on appeals from two orders of the Supreme Court, Rockland County, dated October 11, 2011, and March 22, 2012, respectively, and two orders of the same court both entered December 19, 2011, (1) to dismiss the appeals from the order dated October 11, 2011, and the order entered December 19, 2011 (counsel fee order), which is pending under Appellate Division Docket No. 2012-00601, on the ground that they were vacated by the order dated March 22, 2012, (2) to dismiss the appeal from the order entered December 19, 2011 (QDRO order), which is pending under Appellate Division Docket No. 2012-01008, on the ground that the appellant's appendix is inadequate, and (3), in effect, to strike the appellant's appendix and brief as inadequate. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that on the Court's own motion, the appeals from the order dated October 11, 2011, the order entered December 19, 2011, which is pending under Appellate Division Docket No. 2012-01008, and the order dated March 22, 2012, are consolidated and the appeal from the order dated March 22, 2012, shall be perfected on or before July 16, 2012; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal from the order entered December 19, 2011, which is pending under Appellate Division Docket No. 2012-00601, is granted, and that appeal is dismissed, without costs or disbursements; and it is further,

ORDERED that the branch of the motion which is, in effect, to strike the appellant's appendix and brief is granted, and on or before July 16, 2012, the appellant shall serve and file a replacement appendix and a replacement brief; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until August 15, 2012, and the respondent's brief must be served and filed on or before that date.

RIVERA, J.P., DICKERSON, HALL and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court