| HYDI TORRES, AS PARENT AND NATURAL GUARDIAN OF ALEXIS CRUZ - V LOCKPORT HOUSING AUTHORITY |
| Motion No: CA 08-01745 |
| Slip Opinion No: 2008 NYSlipOp 82934(U) |
| Decided on September 8, 2008 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NO. CA 08-01745
| HYDI TORRES, AS PARENT AND NATURAL GUARDIAN OF ALEXIS CRUZ
PLAINTIFF-RESPONDENT, V LOCKPORT HOUSING AUTHORITY, DEFENDANT-APPELLANT. |
Respondent having moved to dismiss the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Niagara on June 16, 2008 on the ground that appellant has failed to perfect timely the appeal, and appellant having cross-moved to consolidate that appeal with its appeals from the judgment and order of the same court entered August 21, 2008 (Docket No. CA 08-01853) and August 26, 2008 (Docket No. CA 08-01854),
Now, upon reading and filing the affidavit of Jason R. Juron sworn to August 18, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Michael T. Coutu dated September 4, 2008, the notice of cross motion with proof of service thereof, the reply affirmation of Jason R. Juron dated September 5, 2008, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, granted and the appeal from the order entered June 16, 2008 is dismissed without further order unless that appeal is perfected on or before November 10, 2008, and
It is further ORDERED that the cross motion be, and the same hereby is, granted and the appeals from the orders and the judgment entered June 16, 2008, August 21, 2008 and August 26, 2008 are hereby consolidated for the purposes of perfecting and arguing the appeals.
Entered: September 8, 2008
JoAnn M. Wahl, Clerk