| In the Matter of Lisa Fitch v Joseph Catallo Jr. |
| Motion No: 510028 |
| Slip Opinion No: 2010 NY Slip Op 82560(U) |
| Decided on September 15, 2010 |
| 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: September 15, 2010
Case # 510028
In the Matter of LISA FITCH, Respondent, v |
DECISION AND ORDER ON MOTION |
Motion to dismiss appeal from order entered April 19, 2010 for failure of prosecution.
Cross motion for
extension of time to perfect said appeal and to consolidate said appeal with appeal from order entered August 9, 2010.
Upon the papers
filed in support of the motion and cross motion and the papers filed in opposition thereto, it is
ORDERED that the appeal from the order
entered April 19, 2010 is dismissed, without costs, unless appellant shall file and serve the record and brief on or before November 15, 2010, in
which event the motion to dismiss said appeal is denied, and it is further
ORDERED that the motion to consolidate is granted, without
costs, to the extent that the appeals shall be heard together and may be perfected upon a joint record on appeal and brief, and it is
further
ORDERED that the cross motion for an extension of time to perfect the appeals is granted, without costs, and the time to perfect
the appeals is extended to November 15, 2010.
CARDONA, P.J., ROSE, LAHTINEN, MALONE JR. and KAVANAGH, JJ.,
concur.
ENTER:
Michael J. Novack
Clerk of the Court