Appellate Division: Second Judicial Department

M215692

T/afa

JOHN M. LEVENTHAL, J.P.

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE

COLLEEN D. DUFFY, JJ.

2015-09664, 2016-04720 Joanne DiDonato, appellant, v Charles Dyckman, et al., respondents. (Index No. 656/07)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to consolidate appeals from two orders of the Supreme Court, Putnam County, dated July 30, 2015, and April 7, 2016, respectively, to enlarge the record on the appeals to include certain material, to enlarge the time to perfect the appeal from the order dated July 30, 2015, to enjoin the respondents from performing certain construction, and for a preference in the calendaring of the appeals.

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

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order dated July 30, 2015, is granted, the appellant's time to perfect that appeal is enlarged until September 28, 2016, and the record or appendix on that appeal and the appellant's brief must be served and filed on or before that date; 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 is otherwise denied.

LEVENTHAL, J.P., HINDS-RADIX, MALTESE and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court