Appellate Division: Second Judicial Department

M162237

E/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

PLUMMER E. LOTT

ROBERT J. MILLER, JJ.

2012-11404 In the Matter of Elizabeth A. Renner, appellant, v Daniel A. Costigan, respondent. (Matter No. 1) (Docket Nos. F-10853-11/11A, F-10853-11/11B, F-10853-11/12D, F-10853-11/12E, F-5597-12) 2013-01203 In the Matter of Elizabeth Renner, appellant, v Daniel Costigan, respondent. (Matter No. 2) (Docket Nos. F-10853-11, F-5597-12, F-4595-12) 2013-08032 In the Matter of Elizabeth Renner, appellant, v Daniel Costigan, respondent. (Matter No. 3) (Docket No. F-10853-11/11I)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay enforcement of three orders of the Family Court, Queens County, dated December 5, 2012, January 4, 2013, and July 19, 2013, respectively, to enlarge the time to perfect the appeals from the orders dated December 5, 2012, and January 4, 2013, to consolidate the appeals, for poor person relief, and for the assignment of counsel. Separate motion by the appellant to enlarge the time to perfect the appeals from the orders dated December 5, 2012, and January 4, 2013, and to consolidate the appeals. Cross motion by the respondent to dismiss the appeals from the orders dated December 5, 2012, and January 4, 2013, for failure to timely perfect.

Upon the papers filed in support of the appellant's motions and the papers filed in opposition thereto, and upon the papers filed in support of the cross motion and the papers filed in opposition thereto, it is

ORDERED that the branches of the motions which are to enlarge the time to perfect the appeals from the orders dated December 5, 2012, and January 4, 2013, are granted, and the appellant's time to perfect the appeals by causing the original papers constituting the record on the appeals to be filed in the office of the Clerk of this Court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeals is enlarged until October 16, 2013; and it is further,

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

ORDERED that the branches of the motions which are to consolidate the appeals are 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 motions which is for leave to prosecute the appeal on the original papers is denied as unnecessary (see 22 NYCRR 670.9[d]); and it is further,

ORDERED that the motion, inter alia, to stay enforcement of the orders is otherwise denied; and it is further,

ORDERED that the cross motion is denied.

RIVERA, J.P., BALKIN, LOTT and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court