Opinion
DOCKET NO. CA 17-01885 DOCKET NO. CA 17-01886 DOCKET NO. CA 17-01887
11-21-2017
SUSAN D. MONGIELO, PLAINTIFF-RESPONDENT, v. DAVID J. MONGIELO, DEFENDANT-APPELLANT.
PRESENT:
Appellant having moved to consolidate the appeals taken herein from orders and a judgment of the Supreme Court entered in the Office of the Clerk of the County of Niagara on December 28, 2016 (appeal No. 1), July 31, 2017 (appeal No. 2), and October 20, 2017 (appeal No. 3), and having moved for an extension of time to perfect the appeals,
Now, upon reading and filing the affirmation of James Ostrowski, Esq., dated October 26, 2017, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and the appeals from the orders and judgment entered December 28, 2016, July 31, 2017, and October 20, 2017, are hereby consolidated for the purposes of perfecting and arguing the appeals, and
It is further ORDERED that the motion insofar as it seeks an extension of time to perfect appeal No. 1 is granted, and appellant shall perfect the appeal on or before December 26, 2017, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, and
It is further ORDERED that the motion insofar as it seeks an extension of time to perfect appeal Nos. 2 and 3 is dismissed as premature (see 22 NYCRR 1000.13 [f]).
Entered: November 21, 2017
Mark W. Bennett, Clerk