PATRICIA MONCRIEFFE, ap, v. CITY OF WHITE PLAINS, RESPONDENT def — Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Westchester County, dated December 16, 2011, (Appellate Division Docket No. 2011-01796) for failure to timely perfect. Separate motion by the respondent to dismiss an appeal from an order of the same court entered July 31, 2012 (Appellate Division Docket No. 2012-09122), on the ground that no appeal lies from an order denying reargument. Cross motion by the appellant to enlarge the time to perfect the appeal from the order dated December 16, 2011, and to consolidate the appeals. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal from the order dated December 16, 2011.

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

ORDERED that the motion to dismiss the appeal from the order entered July 31, 2012, on the ground that no appeal lies from an order denying reargument is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the cross motion which is to enlarge the time to perfect the appeal from the order dated December 16, 2011, and the application for the same relief are granted, the appellant's time to perfect that appeal is enlarged until February 25, 2013, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time shall be granted; and it is further,

ORDERED that the branch of the cross motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7[c] [1]); and it is further,

ORDERED that the motion to dismiss the appeal from the order dated December 16, 2011, for failure to timely perfect is denied.

ANGIOLILLO, J.P., LEVENTHAL, LOTT and AUSTIN, JJ., concur.