Matter of Affordable Housing Construction, LLC v Town of

Matter of Affordable Housing Construction, LLC v Town of

Motion No: 2011-11080

Slip Opinion No: 2012 NY Slip Op 82416(U)

Decided on August 23, 2012

Appellate Division, Second Department, Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and is not subject to publication in the Official Reports.

Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M142527

E/sl

ANITA R. FLORIO, J.P.

L. PRISCILLA HALL

LEONARD B. AUSTIN

ROBERT J. MILLER, JJ.

2011-11080, 2011-11081, 2012-01278,
2012-01279
In the Matter of Affordable Housing Construction,
LLC, appellant, v Town of Monroe, et al., respondents.
(Index No. 08-13143)

DECISION & ORDER ON MOTION

Motion by the appellant to consolidate separate appeals from a judgment of the Supreme Court, Orange County, dated October 11, 2011, docketed under Appellate Division Docket Nos. 2011-11080 and 2012-01278, to consolidate separate appeals from a judgment of the same court dated October 19, 2011, docketed under Appellate Division Docket Nos. 2011-11081 and 2012-01279, and to enlarge the time to perfect the appeals.

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

ORDERED that on the Court's own motion, the appeals docketed under Appellate Division Docket Nos. 2012-01278 and 2012-01279 are dismissed, without costs or disbursements, as duplicative of the appeals docketed under Appellate Division Docket Nos. 2011-11080 and 2011-11081; and it is further,

ORDERED that the branches of the motion which are to consolidate the appeals and to enlarge the time to perfect the appeals docketed under Appellate Division Docket Nos. 2012-01278 and 2012-01279 are denied as academic; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeals docketed under Appellate Division Docket Nos. 2011-11080 and 2011-11081 is granted, the appellant's time to perfect those appeals is enlarged until October 22, 2012, 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 the branch of the motion which is to consolidate the appeals docketed under Appellate Division Docket Nos. 2011-11080 and 2011-11081 is denied as unnecessary as those appeals have been consolidated (see 22 NYCRR 670.7[c][1]).

FLORIO, J.P., HALL, AUSTIN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court