| Park S. Towers v Cangro, Jennifer |
| Motion No: 570663/08 |
| Slip Opinion No: 2009 NYSlipOp 67895(U) |
| Decided on March 30, 2009 |
| Appellate Term, First 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. |
March 30, 2009
Park S. Towers v Cangro, Jennifer
It is Ordered that the motion is granted only to the extent of permitting the two appeals to proceed as companion appeals, provided the appellant is able to obtain Clerk's Return for the two separate appeals, which are both permitted to proceed on the original records of the trial court. The Court notes that if the appellant is appealing from a judgment after trial, unless the transcript is obtained, settled and submitted to the Civil Court Appeals Clerk, the latter will not issue a Clerk's Return. The cross-motion is granted to the extent of vacating the stay. The appellant has failed to perfect any appeal. The second Civil Court appeal that may proceed as a companion appeal bears the Index No. LT 59656/08.
By: McKeon, P.J., Schoenfeld, Heitler, J.J.
Motion No. 570663/08