| DEMAR MATHIS V NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES |
| Motion No: NOS. CA 10-01458 AND CA 10-01459 |
| Slip Opinion No: 2010 NY Slip Op 77545(U) |
| Decided on July 20, 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., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.
DOCKET NOS. CA 10-01458 AND CA 10-01459
| DEMAR MATHIS, PETITIONER-RESPONDENT, V NEW YORK STATE
DEPARTMENT OF CORRECTIONAL SERVICES, RESPONDENT-APPELLANT. |
Appellant having moved to extend time to perfect and to consolidate the appeals taken from orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on September 17, 2009 and December 18, 2009,
Now, upon reading and filing the affirmation of Julie M. Sheridan, Esq. dated July 7, 2010, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to consolidate the appeals is granted and the appeals from the orders entered September 17, 2009 and December 18, 2009 are hereby consolidated for the purposes of perfecting and arguing the appeals, and
It is further ORDERED that the motion insofar as it seeks an extension of time to perfect the appeals taken herein is granted and the appeals shall be perfected by September 20, 2010 and, in the event of failure to so perfect, the appeals are hereby dismissed without further order.
Entered: July 20, 2010
Patricia L. Morgan, Clerk