| THOMAS J. SMOLINSKI V MATTHEW A. SMOLINSKI FORD MOTOR CREDIT COMPANY THOMAS J. SMOLINSKI V MATTHEW A. SMOLINSKI FORD |
| Motion No: NOS. CA 08-02659 |
| Slip Opinion No: 2010 NY Slip Op 73817(U) |
| Decided on May 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: CENTRA, J.P, PERADOTTO, LINDLEY, SCONIERS, AND GORSKI, JJ.
DOCKET NOS. CA 08-02659
DOCKET NO. CA 10-00714
| THOMAS J. SMOLINSKI, PLAINTIFF-RESPONDENT, V MATTHEW A.
SMOLINSKI, DEFENDANT, FORD MOTOR CREDIT COMPANY, DEFENDANT-APPELLANT. (APPEAL NO. 1.) THOMAS J. SMOLINSKI,
PLAINTIFF-RESPONDENT, V MATTHEW A. SMOLINSKI, DEFENDANT, FORD MOTOR CREDIT COMPANY, DEFENDANT-APPELLANT. (APPEAL NO.
2.) |
Appellant having moved to unseal Court Exhibit 1, to consolidate the appeals taken from orders and a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on October 1, 2008 (Appeal No. 1) and February 8, 2010 (Appeal No. 2), to expedite Appeal No. 2, and for other relief, and
Respondent having cross-moved for an order requiring appellant to correct the record, permitting respondent to file and serve an excess-page brief, and extending respondent's time to file and serve briefs in both appeals,
Now, upon reading and filing the affidavit of Paul Morrison-Taylor, Esq. sworn to April 6, 2010, the notice of motion with proof of service thereof, the affirmation of Debra A. Norton dated April 19, 2010, the notice of cross motion with proof of service thereof, the affidavit of Craig A. Leslie sworn to April 21, 2010, and due deliberation having been thereon,
It is hereby ORDERED that Appeal No. 1 is removed from the September 9, 2010 day calendar of this Court and added to the calendar for the term of this Court commencing October 18, 2010, and
It is further ORDERED that appellant's motion is otherwise denied, and
It is further ORDERED that the respondent's cross motion insofar as it seeks an extension of time to file and serve respondent's briefs in both appeals is granted on condition that the briefs are filed and served on or before June 2, 2010, and the Clerk is directed to accept the briefs for filing, and
It is further ORDERED that respondent's cross motion insofar as it seeks to file an excess-page brief in Appeal No. 1 is granted on the condition that the brief shall not exceed 100 pages, and
It is further ORDERED that respondent's cross motion is otherwise denied.
Entered: May 27, 2010
PATRICIA L. MORGAN, CLERK