Appellate Division: Second Judicial Department

M157344

E/sl

REINALDO E. RIVERA, J.P.

PETER B. SKELOS

CHERYL E. CHAMBERS

LEONARD B. AUSTIN, JJ.

2012-09249, 2013-01176, 2013-01177 Martin Carlin, appellant, v Barbara Carlin, respondent. (Index No. 07-22157)

DECISION & ORDER ON MOTION

Motion by the appellant to consolidate appeals from two orders of the Supreme Court, Westchester County, dated July 30, 2012, and November 20, 2012, respectively, and a judgment of the same court dated December 6, 2012, and, in effect, to hold the appeals in abeyance pending determination of certain prior appeals, or to enlarge the time to perfect the appeal from the order dated July 30, 2012. Application by the respondent for an award of an attorney's fee on the motion.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary as the 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, in effect, to hold the appeals in abeyance pending determination of certain prior appeals, or to enlarge the time to perfect the appeal from the order dated July 30, 2012, is granted to the extent that the appellant's time to perfect all the appeals is enlarged until August 26, 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 that branch of the motion is otherwise denied; and it is further,

ORDERED that the application is denied without prejudice to making a motion for that relief in this Court.

RIVERA, J.P., SKELOS, CHAMBERS and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court