Appellate Division: Second Judicial Department

M167091

E/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, 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

Application by Barbara Carlin on 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, pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect her appeal from the order dated November 20, 2012.

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 on the Court's own motion, the appeals by Martin Carlin from the orders and the judgment are dismissed, without costs or disbursements, for failure to timely perfect in accordance with the rules (see 22 NYCRR 670.8[e]) and prior order of this Court; and it is further,

ORDERED that the application is granted, Barbara Carlin's time to perfect her appeal from the order dated November 20, 2012 (Appellate Division Docket No. 2013-01177), is enlarged until January 21, 2014, and the record or appendix on the appeal and Barbara Carlin's brief must be served and filed on or before that date.

ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court