of the State of New York for the 2nd, 11th & 13th judicial Districts

MICHAEL L. PESCE, P.J.

THOMAS P. ALIOTTA

DAVID ELLIOT, JJ.

DECISION & ORDER ON MOTION

Motion by appellant, by notice of motion dated March 1, 2018, to vacate an order of this court dated February 20, 2018, which dismissed an appeal from an order of the Civil Court of the City of New York, Kings County, entered April 4, 2016 (appeal No. 2017-979 K C), and to enlarge the time to perfect that appeal. Separate motion by appellant to amend the caption of the notice of motion dated March 1, 2018 to correct the name of the appellant. Separate motion by the court to consolidate appeal No. 2017-979 K C with appeal No. 2017-1927 K C, which is an appeal from an order of the same court entered October 13, 2016.

Upon the papers filed in support of the motions and the papers filed in opposition to appellant's motion to vacate the order of dismissal and enlarge the time to perfect, it is

ORDERED, on the court's own motion, that appellant's motions and the court's own motion are consolidated for purposes of disposition; and it is further,

ORDERED that appellant's motions and the court's own motion are granted, the order of this court dated February 20, 2018 is vacated, the caption of the notice of motion dated March 1, 2018 is deemed amended, appeal No. 2017-979 K C is consolidated with appeal No. 2017-1927

K C under appeal No. 2017-979 K C, and the consolidated appeal shall be perfected by May 3, 2018; and it is further,

ORDERED that in the event the consolidated appeal is not perfected by May 3, 2018, the court, on its own motion, may dismiss the appeal, or respondent may move, on three days' notice, to dismiss the appeal.

ENTER:

Paul Kenny

Chief Clerk