| GEORGE R. MARLINSKI V NANCY A. MARLINSKI |
| Motion No: CA 12-01791 |
| Slip Opinion No: 2012 NY Slip Op 95091(U) |
| Decided on December 28, 2012 |
| Appellate Division, Fourth 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. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 12-01791
| GEORGE R. MARLINSKI, PLAINTIFF-RESPONDENT, V
NANCY A. MARLINSKI, DEFENDANT-APPELLANT. |
Appellant having moved for an extension of time to perfect the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on December 22, 2011, and having moved to consolidate the appeal from the judgment entered December 22, 2011, with a decision of the Supreme Court, Erie County, granted June 29, 2011,
Now, upon reading and filing the affirmation of Steven H. Grocott, Esq., dated December 5, 2012, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks an extension of time to perfect the appeal from the judgment entered December 22, 2011, is granted to the extent that the ordering paragraph of the order of this Court entered October 17, 2012, is hereby amended by deleting the date December 17, 2012, and inserting in its place the date February 15, 2013, and
It is further ORDERED that the motion insofar as it seeks to consolidate the appeal from the judgment entered December 22, 2011, with the decision granted June 29, 2011, is denied (see CPLR 5512 [a]).
Entered: December 28, 2012
Frances E. Cafarell, Clerk