JOSHUA P. BOULTER V ROCHELLE R. BOULTER JOSHUA P. BOULTER V ROCHELLE R. BOULTER (APPEAL NO. 2.)
Motion No: CA 15-01550
Slip Opinion No: 2015 NY Slip Op 91866(U)
Decided on November 24, 2015
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 24, 2015

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

DOCKET NO. CA 15-01550
DOCKET NO. CA 15-01938

JOSHUA P. BOULTER, PLAINTIFF-RESPONDENT,

V

ROCHELLE R. BOULTER, DEFENDANT-APPELLANT.

(APPEAL NO. 1.)

JOSHUA P. BOULTER, PLAINTIFF-RESPONDENT,

V

ROCHELLE R. BOULTER, DEFENDANT-APPELLANT.

(APPEAL NO. 2.)


Appellant having moved to consolidate the appeals taken herein from an order entered in the Office of the Clerk of the County of Jefferson on December 1, 2014 (appeal No. 1), and a judgment of the Jefferson County Supreme Court dated March 13, 2015, and having moved for an extension of time to perfect the appeals,

Now, upon reading and filing the affidavit of Elizabeth deV. Moeller, Esq., sworn to November 9, 2015, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted insofar as it seeks to consolidate the appeal, and the appeals from an order entered December 1, 2015, and from a judgment dated March 13, 2015, 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 appeal No. 1 is granted to the extent that the ordering paragraph of the order of this Court entered September 21, 2015, is hereby amended by deleting the date November 10, 2015, and inserting in its place the date January 11, 2016, and

It is further ORDERED that the motion insofar as it seeks an extension of time to perfect appeal No. 2 is dismissed as premature (see 22 NYCRR 1000.13 [f]).

Entered: November 24, 2015

Frances E. Cafarell, Clerk