Matter of Bustamante v Largue, formerly known as Bustaman
Motion No: 2012-05439
Slip Opinion No: 2012 NY Slip Op 93162(U)
Decided on December 10, 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

M147395

E/sl

MARK C. DILLON, J.P.

DANIEL D. ANGIOLILLO

LEONARD B. AUSTIN

SANDRA L. SGROI, JJ.

2012-05439

In the Matter of Miguel Bustamante, appellant,

v Lisa Largue, formerly known as Lisa

Bustamante, respondent.

(Docket Nos. O-14037-10, V-05240-02,

V-05241-02)

DECISION & ORDER ON MOTION

2012-07819

In the Matter of Miguel Bustamante, appellant,

v Lisa Largue, respondent.

(Docket No. O-7483-12)

2012-07900

In the Matter of Miguel Mauricio Bustamante,

petitioner-appellant, v Lisa Anne Bustamante,

respondent: Matthew Bustamante, et al., nonparty-appellant.

(Docket Nos. O-14037-10,V-5240-02/10E/10F/11G/11H,

V-5241-02/10E/10F/11G/11H)

Motion by the appellant, inter alia, to consolidate appeals from three orders of the Supreme Court, Westchester County (IDV Part), dated May 2, 2012, May 30, 2012, and July 13, 2012, respectively, and to enlarge the time to perfect the appeal from the order dated May 2, 2012. Cross motion by the respondent to vacate a stay of so much of the order dated May 2, 2012, as returned residential custody of the subject children to the respondent pending hearing and determination of the appeal, which was granted by decision and order on motion of this Court dated July 6, 2012.

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

ORDERED that the branch of the motion which is to consolidate the appeals is granted, and the parties shall file 11 copies of their respective briefs; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order dated May 2, 2012, is granted and the appellant's time to perfect that appeal is enlarged until January 24, 2013; and it is further,

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

ORDERED that the cross motion is denied on condition that the appellants perfect the appeals on or before February 8, 2013, and the cross motion is otherwise denied.

DILLON, J.P., ANGIOLILLO, AUSTIN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court