Appellate Division: Second Judicial Department

M203599

E/ct

CHERYL E. CHAMBERS, J.P.

L. PRISCILLA HALL

LEONARD B. AUSTIN

BETSY BARROS, JJ.

2014-06063, 2014-06066 In the Matter of Shannon W. (Anonymous). Philip Walsh, appellant; Kim McGuire, respondent. (File No. 2388/11)

DECISION & ORDER ON MOTION

Appeals by Philip Walsh from a decree of the Surrogate's Court, Westchester County, dated November 22, 2013, and an order of the same court dated December 23, 2013. By 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, the appeal from the order was dismissed.

On the Court's own motion, it is

ORDERED that so much of the decision and order on motion of this Court dated June 10, 2015, as dismissed the appeal from the order dated December 23, 2013, in the above-entitled proceeding is recalled and vacated, that appeal is reinstated, and that appeal is consolidated with the appeal from the decree dated November 22, 2013; and it is further,

ORDERED that the orders on application of this Court dated December 1, 2014, February 2, 2015, and September 30, 2015, as well as the decision and order on motion of this Court dated May 15, 2015, are amended to reflect that enlargements of time are also granted as to the appeal from the order dated December 23, 2013, the captions of those orders are amended as set forth above, and the first paragraphs of those orders are amended by adding to the end of those paragraphs the following; "and an appeal from an order of the same court dated December 23, 2015; and it is further,

ORDERED that the appellant's appendix and the appellant's brief, as well as the respondent's brief, are deemed also to be filed under Appellate Division Docket NO. 2014-06066.

CHAMBERS, J.P., HALL, AUSTIN and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court