Appellate Division: Second Judicial Department

M155978

E/sl

DANIEL D. ANGIOLILLO, J.P.

THOMAS A. DICKERSON

LEONARD B. AUSTIN

SYLVIA HINDS-RADIX, JJ.

2010-09028, 2012-03177 Chariklia Apladenaki, appellant, v Greenpoint Mortgage Funding, Inc., et al., respondents, et al., defendants. (Index No. 31072/07)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to consolidate appeals from two orders of the Supreme Court, Queens County, dated June 25, 2010, and January 31, 2012, respectively, in effect, to enlarge her time to comply with a decision and order on motion of this Court dated September 21, 2012, in effect, to enlarge the time to perfect the appeal from the order dated January 31, 2012, and to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the replacement record or appendix on the appeal from the order dated June 25, 1010. Cross motion by the respondents, inter alia, to dismiss the appeal from the order dated June 25, 2010, in effect, for failure to comply with the decision and order on motion of this Court dated September 21, 2012, and to dismiss the appeal from the order dated January 31, 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 consolidate the appeals is denied; and it is further,

ORDERED that the branch of the motion which is, in effect, to enlarge the time to comply with a decision and order on motion of this Court dated September 21, 2012, is granted, and the appellant's time to serve and file the replacement record or appendix, and the replacement brief in connection with the appeal from the order dated June 25, 2010, is enlarged until June 10, 2013; and it is further,

ORDERED that no further enlargement of time shall be granted; and it is further,

ORDERED that on the Court's own motion, the respondents' time to serve and file a brief in connection with the appeal from the order dated June 25, 2010, is enlarged until July 9, 2013, and the respondents' 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 waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the replacement record or appendix on the appeal from the order dated June 25, 2010 is denied with leave to renew upon serving and filing the replacement record or appendix; and it is further,

ORDERED that the branch of the motion which is, in effect, to enlarge the time to perfect the appeal from the order dated January 31, 2012, is granted, the appellant's time to perfect the appeal is enlarged until June 10, 2013, and the record or appendix on that appeal and the appellant's brief must be served and filed on or before that date; and it is further,

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

ORDERED that the cross motion is denied.

ANGIOLILLO, J.P., DICKERSON, AUSTIN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court