Appellate Division: Second Judicial Department

M243454

E/afa

WILLIAM F. MASTRO, J.P.

JEFFREY A. COHEN

HECTOR D. LASALLE

VALERIE BRATHWAITE NELSON, JJ.

2017-00088 Steven Oteri, respondent, v Diane T. Oteri-Harkins, et al., appellants. (Index No. 15146/15)

DECISION & ORDER ON MOTION

2017-06603

Steven Oteri, respondent, v Diane T.

Oteri-Harkins, appellant, et al., defendant.

(Index No. 15146/15)

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Queens County, entered October 26, 2016, for failure to timely perfect. Separate motion by the respondent to dismiss an appeal from an order of the same court entered May 8, 2017, on the ground that it has been rendered academic because that order has been vacated. Cross motion by the appellants to enlarge the time to perfect the appeals and to consolidate the appeals.

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

ORDERED that the motion to dismiss the appeal from the order entered October 26, 2016, is denied; and it is further,

ORDERED that the motion to dismiss the appeal from the order entered May 8, 2017, is granted; and it is further,

ORDERED that the branch of the cross motion which is to enlarge the time to perfect the appeals is granted to the extent that the appellant's time to perfect the appeal from the order entered October 26, 2016, is enlarged until February 20, 2018, and that branch of the cross motion is otherwise denied as academic; and it is further,

ORDERED that the branch of the cross motion which is to consolidate the appeals is denied as academic.

MASTRO, J.P., COHEN, LASALLE and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court