Appellate Division: Second Judicial Department

M142525

E/sl

ANITA R. FLORIO, J.P.

L. PRISCILLA HALL

LEONARD B. AUSTIN

ROBERT J. MILLER, JJ.

2011-03426, 2012-00949 Frank Rio, appellant, v Lori Lynn Rio, respondent. (Index Nos. 11207-08, 36885-10)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from an order of the Supreme Court, Suffolk County, dated March 25, 2011, and a judgment of the same court entered December 28, 2011, inter alia, for leave to refer to the record filed in connection with the appeal from the order in the briefs to be filed in connection with the appeal from the judgment and for leave to perfect the appeal from the judgment with a record containing papers that do not duplicate the papers contained in the record filed in connection with the appeal from the order, and "to deem" the briefs filed in connection with the appeal from the order as briefs filed in connection with the appeal from the judgment, and for leave to file a supplemental brief on the appeal from the judgment.

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

ORDERED that the branch of the motion which is for leave to refer to the record filed in connection with the appeal from the order in the briefs filed in connection with the appeal from the judgment and to perfect the appeal from the judgment with a record containing papers that do not duplicate the papers contained in the record filed in connection with the appeal from the order is granted; and it is further,

ORDERED that the branch of the motion which is "to deem" the briefs filed in connection with the appeal from the order as briefs filed in connection with the appeal from the judgment, and for leave to file a supplemental brief on the appeal from the judgment is denied as unnecessary as the issues raised on the appeal from the order will be brought up for review and will be considered on the appeal from the judgment (see CPLR 5501[a][1]), and the appellant may perfect the appeal from the judgment with a brief raising issues relating only to the appeal from the judgment; and it is further,

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

ORDERED that on the Court's own motion, the appellant's time to perfect the appeal from the judgment is enlarged until October 1, 2012, and the record or appendix on that appeal and the appellant's brief must be served and filed on or before that date.

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

ENTER:

Aprilanne Agostino

Clerk of the Court