GARY PALUMBO V LAUREN PALUMBO GARY PALUMBO V LAUREN PALUMBO (APPEAL NO. 2.)
Motion No: CA 14-01930
Slip Opinion No: 2014 NY Slip Op 91088(U)
Decided on November 21, 2014
Appellate Division, Fourth 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.


November 21, 2014

PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 14-01930
DOCKET NO. CA 14-01931

GARY PALUMBO, PLAINTIFF-APPELLANT,

V

LAUREN PALUMBO, DEFENDANT-RESPONDENT.

(APPEAL NO. 1.)

GARY PALUMBO, PLAINTIFF-APPELLANT,

V

LAUREN PALUMBO, DEFENDANT-RESPONDENT.

(APPEAL NO. 2.)


Appellant having moved to consolidate the appeals taken herein from a judgment and an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on December 31, 2013 (appeal No. 1), and May 29, 2014 (appeal No. 2), and having moved for an extension of time to perfect the appeals,

Now, upon reading and filing the affirmation of Michael A. Rosenhouse, Esq., dated October 21, 2014, the notice of motion with proof of service thereof, and the affirmation of Kimberly J. Campbell, Esq., dated November 6, 2014, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks to consolidate the appeals is granted, and the appeals from the judgment and the order entered December 31, 2013, and May 29, 2014, are hereby consolidated for the purposes of perfecting and arguing the appeals, and

It is further ORDERED that the motion insofar as it seeks an extension of time to perfect the appeal from the judgment entered December 31, 2013, is granted and appellant shall perfect the appeal on or before December 29, 2014, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, and

It is further ORDERED that the motion insofar as it seeks an extension of time to perfect the appeal from the order entered May 29, 2014, is dismissed as premature (see 22 NYCRR 1000.13 [f]).

Entered: November 21, 2014

Frances E. Cafarell, Clerk