| Aebly v Lally |
| Motion No: 2012-00067 |
| Slip Opinion No: 2012 NY Slip Op 89149(U) |
| Decided on October 29, 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. |
Appellate Division: Second Judicial Department
M145672
E/ct
PETER B. SKELOS, J.P.
JOHN M. LEVENTHAL
CHERYL E. CHAMBERS
SHERI S. ROMAN, JJ.
|
2012-00067, 2012-02553, 2012-06307 Richard E. Aebly, respondent, v Regan Lally, appellant. (Index No. 202114/08)
| DECISION & ORDER ON MOTION |
Motion by the appellant to consolidate appeals from two orders of the Supreme Court, Nassau County, dated October 13, 2011, and January 20, 2012, respectively, and a judgment of the same court entered May 16, 2012, and to enlarge the time to perfect the appeals from the order dated January 20, 2012, and 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 to consolidate the appeal from the order dated October 13, 2011, with the other appeals is denied as that appeal has been perfected; and it is further,
ORDERED that the branch of the motion which is to consolidate the appeals from the order dated January 20, 2012, and the judgment is denied as unnecessary as these appeal may be consolidated as of right (see 22 NYCRR 670.7[c][1]); and it is further,
ORDERED that on the Court's own motion, the appeals will be calendared together and will be argued or submitted on the same day; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeals from the order dated January 20, 2012, and the judgment is granted, the appellant's time to perfect those appeals is enlarged until December 31, 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 if the appeals from the order dated January 20, 2012, and the judgment are not perfected by December 31, 2012, the respondent may move to vacate the stay granted by decision and order on motion of this Court dated January 23, 2012, under Appellate Division Docket No. 2012-00067, on three days notice.
SKELOS, J.P., LEVENTHAL, CHAMBERS and ROMAN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court