Elliot Rindenow v Esther Alenick & Hillel Alenick
Motion No: 2016-00489 NC
Slip Opinion No: 2016 NY Slip Op 93292(U)
Decided on November 23, 2016
Appellate Term, Second 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.


Appellate Term of the Supreme Court

of the State of New York for the 9th & 10th judicial Districts

JAMES V. BRANDS, J.P.

ANTHONY MARANO

BRUCE E. TOLBERT, JJ.

DECISION & ORDER ON MOTION

2016-1973 N C
2016-489 N C
Elliot Rindenow, Appellant, v Esther Alenick and Hillel Alenick, Respondents.

Motion by appellant to consolidate an appeal from an order of the District Court of Nassau County, First District, entered January 5, 2016 (appeal No. 2016-489 N C), with an appeal from orders of the same court dated April 14, 2016 and July 21, 2016, respectively (appeal No. 2016-1973 N C), and for an enlargement of time to perfect the consolidated appeal. Cross motion by respondents to dismiss appeal No. 2016-1973 N C.

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

ORDERED that the cross motion is granted to the extent of dismissing so much of appeal No. 2016-1973 N C as was taken from the order dated April 14, 2016; and it is further,

ORDERED that the branch of appellant's motion seeking to consolidate appeal No. 2016-489 N C with appeal No. 2016-1973 N C is granted to the extent of consolidating appeal No. 2016-489 N C with so much of appeal No. 2016-1973 N C as is taken from the order dated July 21, 2016, under appeal No. 2016-489 N C; and it is further,

ORDERED that the branch of appellant's motion for an enlargement of time to perfect the consolidated appeal is granted and the consolidated appeal shall be perfected by February 3, 2017; and it is further,

ORDERED that in the event the consolidated appeal is not perfected on or before February 3, 2017, the court, on its own motion, may dismiss the consolidated appeal, or respondents may move to dismiss the consolidated appeal on three days' notice, and may serve such application in person.

ENTER:

Paul Kenny

Chief Clerk