Appellate Division: Second Judicial Department

M201378

E/ct

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX, JJ.

2015-04733, 2015-05323 In the Matter of Natoya Morgan, respondent, v George Spence, appellant. (Docket Nos. F-4552-07/14L, F-4552-07/14M)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to recall and vacate a decision and order on motion of this Court dated June 24, 2015, which dismissed an appeal from an order of the Family Court, Suffolk County, dated May 11, 2015, on the ground that no appeal lies as of right from a nondispositional order in proceedings pursuant to Family Court Act article 4, for leave to appeal to this Court from the order dated May 11, 2015, and to consolidate that appeal with an appeal from an order of the same court dated June 18, 2015. Separate motion by the appellant, in effect, to amend so much of a decision and order on motion of this Court dated July 8, 2015, as conditioned a stay of enforcement of the order dated June 18, 2015, upon the perfection of that appeal on or before September 8, 2015, and to enlarge the time to perfect the appeal from that order.

Upon the papers filed in support of the motions and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branches of the motion which are, in effect, to recall and vacate the decision and order on motion of this Court dated June 24, 2015, and for leave to appeal to this Court from the order dated May 11, 2015, are granted; and it is further,

ORDERED that the branch of the 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 motion, in effect, to amend so much of the decision and order on motion dated July 8, 2015, as conditioned a stay of enforcement of the order dated June 18, 2015, upon the perfection of that appeal on or before September 8, 2015, and to enlarge the time to perfect the appeal from the order dated June 18, 2015, is granted, the decision and order on motion dated July 8, 2015, is amended by deleting from the decretal paragraphs thereof the date "September 8, 2015," and substituting therefor the date "December 7, 2015," and the time to perfect the appeal from the order dated June 18, 2015, is enlarged until December 7, 2015; and it is further,

ORDERED that, on the Court's own motion, the appeal from the order dated May 11, 2015, must be perfected by causing the original papers constituting the record on that appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on that appeal on or before December 7, 2015.

DILLON, J.P., CHAMBERS, MILLER and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court