Appellate Division: Second Judicial Department

M170335

E/ct

REINALDO E. RIVERA, J.P.

PLUMMER E. LOTT

SHERI S. ROMAN

SYLVIA O. HINDS-RADIX, JJ.

2013-05516, 2013-06979 In the Matter of Michael P. (Anonymous), appellant; Barry B. P. (Anonymous), etc., respondent. (Index No. 13-900166)

DECISION & ORDER ON MOTION

Motion by the appellant to calendar together appeals from two orders of the Supreme Court, Westchester County, dated March 15, 2013, and April 5, 2013, respectively. By order to show cause dated January 9, 2014, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals on the ground that the appeals are academic, and the appellant's motion was held in abeyance in the interim.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the appellant's motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to dismiss the appeal is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the appellant's motion is granted, and the appeals will be calendared together and will be argued or submitted on the same day; and it is further,

ORDERED that on the Court's own motion, the respondent's time to serve and file a briefs on the appeals is enlarged until April 2, 2014, and the respondent's briefs if any, must be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time shall be granted.

RIVERA, J.P., LOTT, ROMAN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court