Appellate Division: Second Judicial Department

M215041

E/sl

RANDALL T. ENG, P.J.

THOMAS A. DICKERSON

COLLEEN D. DUFFY

FRANCESCA E. CONNOLLY, JJ.

2014-06313, 2015-00757, 2015-00929, 2015-10066 Beata Culen, respondent-appellant, v Matthew Culen, appellant-respondent. (Index No. 1239/09)

DECISION & ORDER ON MOTION

2016-05955

Beata Culen, respondent,

v Matthew Culen, appellant.

(Index No. 1239/09)

Motion by Matthew Culen for an expedited briefing schedule with respect to an appeal from a money judgment of the Supreme Court, Westchester County, dated May 3, 2016, and to calendar that appeal together with four consolidated appeals and cross appeals from a judgment of the same court dated May 2, 2014, two orders of the same court dated December 17, 2014, and December 19, 2014, respectively, and an amended order of the same court dated August 28, 2015. Cross motion by Beata Culen to dismiss the appeal from the money judgment on the ground that no appeal lies from a judgment entered upon the default of an appealing party and as duplicative of the prior appeals, and for an award of costs and an attorney's fee.

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

ORDERED that the branch of the motion which is to calendar the consolidated appeals and cross appeals with the appeal from the money judgment is granted and the appeals and cross appeals will be argued or submitted on the same date; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the cross motion is denied.

ENG, P.J., DICKERSON, DUFFY and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court