Appellate Division: Second Judicial Department

M197149

E/sl

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

THOMAS A. DICKERSON

BETSY BARROS, JJ.

2014-06313, 2015-00929, 2015-04341 Beata Culen, respondent, v Matthew Culen, appellant. (Index No. 1239/09)

DECISION & ORDER ON MOTION

2015-00757

Beata Culen, appellant-respondent,

v Matthew Culen, respondent-appellant.

(Index No. 1239/09)

Motion by Matthew Culen (1) to recall and vacate so much of a decision and order on motion of this Court, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - May 2015 Calendar," dated June 10, 2015, as dismissed an appeal from a judgment of the Supreme Court, Westchester County, dated May 2, 2014, (2) to reinstate that appeal, (3) to consolidate that appeal with appeals from three orders of the same court dated December 17, 2014, December 19, 2014, and March 31, 2015, respectively, and a cross appeal from the order dated December 17, 2014, and (4) to enlarge the time to perfect the appeals from the judgment and the order dated December 19, 2014, and to enlarge the time to serve and file an answering brief, including the points of argument on the cross appeal from the order dated December 17, 2014. Cross motion by Beata Culen, inter alia, to dismiss the appeal from the order dated March 31, 2015, on the ground that no appeal lies from a QDRO, and for an award of counsel fees. Application by Beata Culen pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal from the order dated December 17, 2014.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, and 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 branches of Matthew Culen's motion which are to recall and vacate so much of the decision and order on motion of this Court dated June 10, 2015, as dismissed the appeal from the judgment and to reinstate that appeal are granted; and it is further,

ORDERED that the branch of Matthew Culen's motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]); and it is further,

ORDERED that the branch of Matthew Culen's motion which is to enlarge the time to perfect the appeals from the judgment and the order dated December 19, 2014, is granted, and the time to perfect those appeals is enlarged until October 19, 2015; and it is further,

ORDERED that the application is granted, and Beata Culen's time to perfect the appeal from the order dated December 17, 2014, is enlarged until October 19, 2015; and it is further,

ORDERED that the branch of Matthew Culen's motion which is to enlarge the time to serve and file the answering brief, including the points on the cross appeal from the order dated December 17, 2014, is denied as unnecessary, and Matthew Culen shall serve and file the answering brief, including the points on the cross appeal from the order dated December 17, 2014, in accordance with the rules of this Court (see 22 NYCRR 670.8[c][3]; and it is further,

ORDERED that the branch of the cross motion which is to dismiss the appeal from the order dated March 31, 2015, is granted, and the appeal from the order dated March 31, 2015, is dismissed, without costs or disbursements (see CPLR 5701); and it is further,

ORDERED that the cross motion is otherwise denied.

DILLON, J.P., LEVENTHAL, DICKERSON and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court