Appellate Division: Second Judicial Department

M159033

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. (Appeal Nos. 1, 2) Martin Carlin, appellant-respondent, v Barbara Carlin, respondent-appellant. (Appeal No. 3) (Index No. 07-22157)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on motion dated June 3, 2013, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by Martin Carlin to consolidate an appeal from an order of the Supreme Court, Westchester County, dated July 30, 2012, an appeal and cross appeal from an order of the same court dated November 20, 2012, and an appeal from a judgment of the same court dated December 6, 2012, and, in effect, to hold the appeals and cross appeal 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 Barbara Carlin 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 and cross appeal is denied as unnecessary as the appeals and cross appeal 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 and cross appeal 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 time to perfect all the appeals is enlarged until August 26, 2013, and the joint record or appendix (see 22 NYCRR 670.8[c][1]) and the brief of Martin Carlin 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 the same relief in this Court (see 22 NYCRR 670.22[a][2].

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

ENTER:

Aprilanne Agostino

Clerk of the Court