| CARLA L. PICCARRETO FORMERLY KNOWN AS CARLA A. MURA, V DAVID JAMES MURA, . CARLA L. PICCARRETO FORMERLY KNOWN AS |
| Motion No: CA 12-02350 |
| Slip Opinion No: 2014 NY Slip Op 94587(U) |
| Decided on December 30, 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. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 12-02350
DOCKET NO. CA 12-02351
DOCKET NO. CA 12-02352
DOCKET NO. CA 14-02154
DOCKET NO. CA 14-02155
| CARLA L. PICCARRETO FORMERLY KNOWN AS CARLA A. MURA,
PETITIONER-RESPONDENT-APPELLANT, V DAVID JAMES MURA, DEFENDANT-APPELLANT-RESPONDENT. (APPEAL NO. 1.)
CARLA L. PICCARRETO FORMERLY KNOWN AS CARLA A. MURA, PETITIONER-RESPONDENT-APPELLANT, V DAVID JAMES MURA,
DEFENDANT-APPELLANT-RESPONDENT. (APPEAL NO. 2.) CARLA L. PICCARRETO FORMERLY KNOWN AS CARLA A. MURA,
PETITIONER-RESPONDENT-APPELLANT, V DAVID JAMES MURA, DEFENDANT-APPELLANT-RESPONDENT. (APPEAL NO. 3.)
CARLA L. MURA, NOW KNOWN AS CARLA L. PICCARRETO, PLAINTIFF-RESPONDENT. V DAVID JAMES MURA,
DEFENDANT-APPELLANT. (APPEAL NO. 4.) CARLA L. MURA, KNOW KNOWN AS CARLA L. PICCARRETO,
PLAINTIFF-RESPONDENT. V DAVID JAMES MURA, DEFENDANT-APPELLANT. (APPEAL NO. 5.) |
Appellant having moved to vacate the dismissal of the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Monroe on December 30, 2011 (appeal No. 1), April 26, 2012 (appeal No. 2), and November 20, 2012, (appeal No. 30), and having moved to consolidate those appeals with the appeals taken herein from a judgment and order and an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on February 14, 2014 (appeal No. 4), and May 30, 2014 (appeal No. 5), and for an extension of time to perfect appeal Nos. 4 and 5,
Now, upon reading and filing the affirmation of Frank A. Aloi, Esq., dated December 5, 2014, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to vacate dismissal of appeal Nos. 1, 2 and 3 is denied, and
It is further ORDERED that the motion insofar as it seeks to consolidate the appeals is granted to the extent that the appeals from the judgment and order and the order entered February 14, 2014, and May 30, 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 and order entered February 14, 2014, is granted, and appellant shall perfect the appeal on or before February 20, 2015, 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 30, 2014, is dismissed as premature (see 22 NYCRR 1000.13 [f]).
Memorandum: The motion is untimely insofar as it seeks to vacate dismissal of appeal Nos. 1, 2, and 3 (see 22 NYCRR 1000.13 [g]).
Entered: December 30, 2014
Frances E. Cafarell, Clerk