| In the Matter of New York State Department of Labor Petitioner- v New York State Division of Human Rights and Cynthia Lowney - in the Matter of Cynthia Lowney v New York State Division of Human Rights et Al |
| Motion No: 505901 |
| Slip Opinion No: 2009 NYSlipOp 61112(U) |
| Decided on January 8, 2009 |
| Appellate Division, Third 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. |
Decided and Entered: January 8,
2009
Case # 505901
505925
In the Matter of NEW YORK STATE DEPARTMENT OF LABOR (UNEMPLOYMENT INSURANCE APPEAL BOARD), Petitioner-Respondent, v Respondent, and Appellant-Respondent, Appellant, v Respondents. | DECISION AND ORDER ON MOTION |
Motion for extension of time to perfect appeal in
Case #505925, for extension of time to file and serve responding brief in
Case #505901 until the conclusion of a proceeding pending in the Supreme Court, New York County and an appeal pending in the Appellate Division, First Department in Matter of Lowney v New York State Division of Human Rights, to hold appeal in
Case #505925 and proceeding in
Case #505901 in abeyance, to direct Department of Labor to file and serve a further appendix, to consolidate the appeal in
Case #505925 with proceeding in
Case
#505901 and with appeal pending in the First Department in Matter of Lowney v New York State Division of Human Rights, and/or change venue to First
Department and/or direct mediation.
Cross motion to dismiss appeal in
Case #505925.
Upon the papers filed in support of the motion and
the cross motion and the papers filed in opposition thereto, it is
ORDERED that the motion for an extension of time to perfect the appeal in
Case
#505925 is granted, without costs, and Cynthia Lowney shall file and serve her appellate brief and appendix on or before February 23, 2009, and it is
further
ORDERED that the appeal in
Case #505925 is dismissed, without costs, unless Cynthia Lowney shall file and serve her appellate brief and appendix on or before February 23, 2009, in which event the cross motion to dismiss the appeal in
Case #505925 is denied, and it is
further
ORDERED that the motion for an extension of time to file and serve a responding brief in
Case #505901 until the conclusion of a proceeding
pending in the Supreme Court, New York County and an appeal pending in the Appellate Division, First Department in Matter of Lowney v New York State
Division of Human Rights, is denied, without costs, and it is further
ORDERED that the motion to hold the appeal in
Case #505925 and the proceeding in
Case # 505901 in abeyance is denied, without costs, and it is further
ORDERED that the motion to direct the Department of Labor to file and serve a further appendix in
Case #505901 is denied, without costs, and it is further
ORDERED that the motion to consolidate is granted, without costs, only to the extent that the appeal in
Case # 505925 and the proceeding in
Case #505901 shall be heard together and may be perfected upon
a joint record on appeal and proceeding, and it is further
ORDERED that the motion to change venue and/or to direct mediation is denied, without
costs.
CARDONA, P.J., PETERS, ROSE, MALONE JR. and STEIN, JJ., concur.
ENTER:
Michael J. Novack
Clerk of the
Court