Appellate Division: Second Judicial Department

M205400

E/sl

RUTH C. BALKIN, J.P.

THOMAS A. DICKERSON

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX, JJ.

2015-01928, 2015-01929, 2016-00648 Estate of Judith D. Abrams, appellant, v Seaview Association of Fire Island New York, Inc., respondent. (Index No. 30086/12)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss appeals from an order of the Supreme Court, Suffolk County, dated November 26, 2014, and a judgment of the same court entered January 7, 2015, for failure to timely serve the notice of appeal, or, in the alternative, to strike the portion of the appellant's brief that raises issues concerning an order of the same court also dated November 26, 2014, and to enlarge the time to serve and file a brief. Separate motion by the appellant, in effect, to consolidate the appeals perfected under Appellate Division Docket Nos. 2015-01928 and 2015-01929, with the appeal pending under Appellate Division Docket No. 2016-00648, in effect, to deem the record and briefs filed in connection with the appeals perfected under Appellate Division Docket Nos. 2015-01928 and 2015-01929 to be filed in connection with the appeal pending under Appellate Division Docket No. 2016-00648, and for leave to serve and file a supplemental record containing the second order dated November 26, 2014, the notice of appeal therefrom, and the motion papers which resulted in the second order dated November 26, 2014.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that on the Court's own motion, the notice of appeal dated January 22, 2015, which was timely filed, is deemed timely served (see CPLR 5520[a]); and it is further,

ORDERED that on the Court's own motion, the time to file the notice of appeal dated December 22, 2014, which was timely served, is extended until February 26, 2016 (see CPLR 5520[a]), and on or before that date the appellant shall file that notice of appeal in the Suffolk County Clerk's office and file proof of service with this Court; and it is further,

ORDERED that the appellant's motion is granted, the appeals are consolidated, the record and briefs filed in connection with the appeals perfected under Appellate Division Docket Nos. 2015-01928, 2015-01929 are deemed to be filed in connection with the appeal pending under Appellate Division Docket No. 2016-00648, and on or before February 26, 2016, the appellant shall serve and file a supplemental record containing the second order dated November 26, 2014, the notice of appeal therefrom, and the motion papers which resulted in the second order dated November 26, 2014; and it is further,

ORDERED that the respondent's motion is granted to the extent that the respondent's time to serve and file a brief is enlarged until March 28, 2016, the respondent's brief must be served and filed on or before that date, and the respondent's motion is otherwise denied.

BALKIN, J.P., DICKERSON, MILLER and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court