| BETTY SCHAEFER, AS THE EXECUTRIX OF THE ESTATE OF WILLIAM F. SCHAEFER, DECEASED V TOWN OF VICTOR |
| Motion No: CA 10-00074 |
| Slip Opinion No: 2010 NY Slip Op 62097(U) |
| Decided on January 27, 2010 |
| 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., SMITH, CENTRA, FAHEY, AND CARNI, JJ.
DOCKET NO. CA 10-00074
| BETTY SCHAEFER, AS THE EXECUTRIX OF THE ESTATE OF WILLIAM F.
SCHAEFER, DECEASED, PLAINTIFF-APPELLANT, V TOWN OF VICTOR, DEFENDANT-RESPONDENT. |
Respondent having moved to dismiss the appeal taken from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Monroe on September 18, 2009 on the ground that appellant has failed to perfect timely the appeal, and for other relief, and appellant having cross-moved for an extension of time to perfect and for an order consolidating said appeal with an appeal taken from a decision and order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on July 21, 2009, and for other relief,
Now, upon reading and filing the affidavit of Michael R. Wolford, Esq., sworn to January 7, 2010, the notice of motion with proof of service thereof, the affirmation of Alan J. Knauf, Esq., dated January 21, 2010, the notice of cross motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and the appeal from the order and judgment entered September 18, 2009 is dismissed without further order unless the appeal is perfected on or before March 29, 2010, and
It is further ORDERED that the cross motion insofar as it seeks an extension of time to perfect the appeal from the order and judgment entered September 18, 2009 is dismissed as unnecessary, and
It is further ORDERED that the cross motion insofar as it seeks an order of consolidation is denied and the appeal taken from the decision and order entered July 21, 2009 is dismissed without costs, on the ground that said order is subsumed within the order and judgment entered September 18, 2009, and may be reviewed upon the appeal from the final
judgment (see Hughes v Nussbaumer, Clarke & Velzy, 140 AD2d 988; Chase Manhattan Bank v Roberts & Roberts, 63 AD2d 566, 567; see also CPLR 5501 [a] [1]).
Entered: January 27, 2010
Patricia L. Morgan, Clerk