Appellate Division: Second Judicial Department

M250080

E/afa

CHERYL E. CHAMBERS, J.P.

LEONARD B. AUSTIN

ROBERT J. MILLER

JOSEPH J. MALTESE, JJ.

2015-08505 Buttaffuoco & Associates, PLLC, et al., respondents, v Delfina Urias, etc., et al., appellants. (Index No. 15468/12)

DECISION & ORDER ON MOTION

2015-08795

Delfina Urias, etc., appellant,

v Daniel P. Buttafuoco & Associates, PLLC,

et al., respondents.

(Index No. 7186/11)

2017-10373

Delfina Urias, etc., appellant,

v Daniel P. Buttafuoco & Associates, PLLC,

et al., respondents.

(Index No. 7186/11)

2018-02097

Delfina Urias, etc., plaintiff,

v Daniel P. Buttafuoco & Associates, PLLC,

et al., defendants.

(Index No. 7186/11)

Motion by Delfina Urias and Marta Urias, inter alia, to renew and reargue their prior motion, inter alia, to recall and vacate so much of a decision and order on motion of this Court, dated July 5, 2017, as dismissed appeals from an order of the Supreme Court, Nassau County, dated June 10, 2015, and an order of the Supreme Court, Suffolk County, dated June 24, 2015, for failure to timely perfect, which was determined by decision and order on motion of this Court dated April 6, 2018, to enlarge the time to perfect those appeals and appeals from two orders of the Supreme Court, Suffolk County, dated September 15, 2016, and August 21, 2017, respectively, to consolidate the appeals, for a preference in the calendaring of the appeal from the order dated September 15, 2016, and to stay all proceedings in the Supreme Court, Suffolk County, pending hearing and determination of the appeals.

Upon the papers filed in support of the 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 August 21, 2017, is granted, and the time to perfect that appeal is enlarged until June 14, 2018; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order dated September 15, 2016, is denied as premature; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals from the orders dated September 15, 2016, and August 21, 2017, 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 branch of the motion which is for a preference in the calendaring of the appeal from the order dated September 15, 2016, is granted and the appeal will be calendared expeditiously after all briefs have been filed; and it is further,

ORDERED that the motion is otherwise denied.

CHAMBERS, J.P., AUSTIN, MILLER and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court