Appellate Division: Second Judicial Department

M151082

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

THOMAS A. DICKERSON

SYLVIA HINDS-RADIX, JJ.

2012-00611, 2012-08053, 2013-00089, Christopher Canzona, appellant, v Charles Atanasio, et al., respondents. (Action No. 1) (Index No. 22425/11)

DECISION & ORDER ON MOTION

2013-00100

Christopher Canzona, appellant,

v Charles Atanasio, et al., respondents.

(Action No. 2)

(Index No. 3424/12)

Motion by the appellant to enlarge the time to perfect appeals from an order of the Supreme Court, Suffolk County, dated December 20, 2011, and a judgment of the same court entered January 17, 2012, and to consolidate those appeals with appeals from an order of the same court dated November 7, 2012, and a judgment of the same court dated November 8, 2012. Cross motion by the respondents, inter alia, to dismiss the appeals from the order dated December 20, 2011, and the judgment entered January 17, 2012, for failure to timely perfect.

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

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeals from the order dated December 20, 2011, and the judgment entered January 17, 2012, is granted, the appellant's time to perfect those appeals is enlarged until March 11, 2013, 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 the branch of the motion which is to consolidate the appeals from the orders dated December 20, 2011, and November 7, 2012, and the judgment entered January 17, 2012, is denied as unnecessary as those appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]); and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals from the orders dated December 20, 2011, and November 7, 2012, and the judgment dated entered January 17, 2012, with the appeal from the judgment dated November 8, 2012, is denied; and it is further,

ORDERED that the cross motion is denied; 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.

DILLON, J.P., BALKIN, DICKERSON and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court