PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

DOCKET NO. CA 17-00291
DOCKET NO. CA 17-00292

CAROL A. SANTILLO, PLAINTIFF-RESPONDENT, V THOMAS J. SANTILLO, DEFENDANT-APPELLANT. (APPEAL NO. 1.) CAROL A. SANTILLO, PLAINTIFF-RESPONDENT, V THOMAS J. SANTILLO, DEFENDANT-APPELLANT. (APPEAL NO. 2.)

Appellant having moved to consolidate the appeals taken from orders of the Supreme Court entered in the Office of the Clerk of the County of Monroe on August 10, 2016 (appeal No. 1), and November 7, 2016 (appeal No. 2), and respondent having cross-moved to dismiss the appeals,

Now, upon reading and filing the affidavits of Jeffrey L. Turner, Esq., sworn to February 7, 2017, and February 16, 2017, the affidavit of Theodore S. Kantor, Esq., sworn to February 13, 2017, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that appellant's motion insofar as it seeks to consolidate the appeals is granted, and the appeals from the orders entered August 10, 2016, and November 7, 2016, are hereby consolidated for the purposes of perfecting and arguing the appeals, and

It is further ORDERED that respondent's cross motion insofar as it seeks dismissal on the ground that the appeals were untimely taken is denied (see CPLR 5513 [a]), and

It is further ORDERED that respondent's cross motion insofar as it seeks to dismiss the

appeals for failure to perfect timely the appeals is granted and the appeals are dismissed without further order unless the appeals perfected on or before May 5, 2017, and

It is further ORDERED that respondent's cross motion to dismiss appeal No. 2 on the ground that no appeal lies from an order deciding a motion to reargue is denied with leave to renew the arguments made in support of and in opposition to this aspect of the motion in the parties' briefs and at oral argument.

Entered: March 6, 2017

Frances E. Cafarell, Clerk