Appellate Division: Second Judicial Department

M242409

E/ct

CHERYL E. CHAMBERS, J.P.

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE, JJ.

2016-06967 Amelia Arcamone-Makinano, appellant- respondent, Bonifacio Aguja Makinano, respondent, v Britton Property, Inc., et al., respondents-appellants. (Index No. 32984/09)

DECISION & ORDER ON MOTION

2016-09760

Amelia Arcamone-Makinano, et al., respondents,

v Britton Property, Inc., et al., appellants.

(Index No. 32984/09)

Motion by Amelia Arcamone-Makinano on an appeal and a cross appeal from a decision and order (one paper) of the Supreme Court, Queens County, entered April 18, 2016, and an appeal from a judgment of the same court entered July 27, 2016, to dismiss the appeal from the judgment for failure to timely perfect. Cross motion by Britton Property, Inc., and Tsan Chih Chou to enlarge the time to perfect the appeal from the judgment.

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

ORDERED that on the Court's own motion, the appeal and cross appeal from the decision and order entered April 18, 2016, are consolidated with the appeal from the judgment entered July 27, 2016, and the joint appendix and the briefs filed in connection with the cross appeal from the decision and order are deemed also to be filed in connection with the appeal from the judgment; and it is further,

ORDERED that the motion and the cross motion are denied as academic.

CHAMBERS, J.P., MILLER, HINDS-RADIX and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court