Maynard v Maynard
Motion No: 2014-00915
Slip Opinion No: 2014 NY Slip Op 83969(U)
Decided on September 18, 2014
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M179936

E/sl

PETER B. SKELOS, J.P.

JOHN M. LEVENTHAL

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE, JJ.

2014-00915, 2014-07664

Barbara Maynard, appellant,

v Russell Maynard, respondent.

(Appeal Nos. 1 and 2)

(Index Nos. 15130/11, 30384/08)

DECISION & ORDER ON MOTION

2014-07673

Barbara Maynard, appellant, v Russell

Maynard, respondent.

(Appeal No. 3)

Index No. 30384/08)

Motion by the appellant to enlarge the time to perfect appeals from a judgment of the Supreme Court, Queens County, entered September 19, 2013, and two orders of the same court dated August 16, 2012, and June 18, 2014, respectively, to consolidate the appeals, and for leave to file an oversized brief and reply brief.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the judgment is granted, the appellant's time to perfect that appeal is enlarged until November 3, 2014, and the record or appendix and the appellant's brief must be served and filed on or before that date; and it is further,

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

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeals from the orders is denied as premature; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals from the judgment and the order dated June 18, 2014, is denied as unnecessary as those 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 to consolidate the appeals from the order dated August 16, 2012, with the other appeals is denied; and it is further,

ORDERED that the branches of the motion which are for leave to file an oversized brief and oversized reply brief are denied without prejudice to make applications pursuant to 22 NYCRR 670.10.3(e).

SKELOS, J.P., LEVENTHAL, HINDS-RADIX and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court