Ashmore v Ashmore
Motion No: 2011-11774
Slip Opinion No: 2012 NY Slip Op 82439(U)
Decided on August 24, 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

M142679

E/ct

MARK C. DILLON, J.P.

ARIEL E. BELEN

PLUMMER E. LOTT

ROBERT J. MILLER, JJ.

2011-11774, 2012-06738, 2012-07654

Kelly Ashmore, respondent,

v Benjamin Ashmore, appellant.

(Index No. 37380/07)

DECISION & ORDER ON MOTION

Motion by the appellant to consolidate appeals from a judgment of the Supreme Court, Kings County, entered November 7, 2011, and two orders of the same court dated June 19, 2012, and July 26, 2012, respectively, and to enlarge the time to perfect the appeal from the judgment entered November 7, 2011.

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 the branch of the motion which is to consolidate the appeals 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 branch of the motion which is to enlarge the time to perfect the appeal from the judgment entered November 7, 2011, is granted to the extent that the appellant's time to perfect that appeal is enlarged until October 23, 2012, and the record or appendix on that appeal and the appellant's brief must be served and filed on or before that date, and that branch of the motion is otherwise denied.

DILLON, J.P., BELEN, LOTT and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court