Appellate Division: Second Judicial Department

M228184

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

LEONARD B. AUSTIN

FRANCESCA E. CONNOLLY, JJ.

2016-04800 Erin Lewis Posner, respondent, v Ronald Bruce Posner, appellant. (Index No. 6845/08)

DECISION & ORDER ON MOTION

2017-00027

Erin Lewis Posner, respondent,

v Ronald Bruce Posner, appellant.

(Index No. 6845/08)

2014-04207

Erin Lewis Posner, respondent,

v Ronald Bruce Posner, appellant.

(Index No. 6845/08)

Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Westchester County, dated February 22, 2016, and to consolidate that appeal with an appeal from a judgment of the same court dated September 20, 2016. Cross motion by the respondent to dismiss the appeal from the order for failure to timely perfect, to dismiss the appeal from the judgment on the ground that no appeal lies from a judgment entered upon the default of the appealing party, or, in the alternative, to consolidate those appeals with a related appeal from an order of the same court dated March 28, 2014.

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 branch of the motion which is to enlarge the time to perfect the appeal from the order dated February 22, 2016, is granted, the appellant's time to perfect the appeal from the order dated February 22, 2016, is enlarged until June 12, 2017, and the record or appendix and the appellant's brief shall 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 from the order dated February 22, 2016, and the judgment is denied as unnecessary as those appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]); and it is further,

ORDERED that the cross motion is denied.

DILLON, J.P., BALKIN, AUSTIN and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court