PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 12-02219
DOCKET NO. CAF 12-02220

TOBI M. BERCHEN, PLAINTIFF-RESPONDENT, V RANDALL F. REGAN, DEFENDANT-APPELLANT. TOBI M. BERCHEN, PLAINTIFF-RESPONDENT, V RANDALL F. REGAN, DEFENDANT-APPELLANT.

Respondent having moved to dismiss the appeals taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Livingston on August 9, 2012 (Docket No. CA 12-02219), and an order of Livingston County Family Court entered in the Office of the Clerk of said court on August 3, 2012, on the ground that appellant has failed to perfect timely the appeals, and

Appellant having cross-moved for an extension of time to perfect the appeals from the judgment entered August 9, 2012, and the order entered August 3, 2012,

Now, upon reading and filing the affirmation of Gregory J. Mott, Esq., dated November 28, 2012, the affirmation of Leonard G. Florescue, Esq., dated December 12, 2012, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted and the appeals are dismissed without further order unless the appeals are perfected on or before February 19, 2013, and

It is further ORDERED that the cross motion is dismissed as unnecessary.

Entered: December 19, 2012

Frances E. Cafarell, Clerk