| Suzanne Wolfe et Individually and as Parents and Guardians of Branden Wolfe an Infant - v William Hatch et - and Charlie Tirone et |
| Motion No: 512589 |
| Slip Opinion No: 2011 NY Slip Op 81399(U) |
| Decided on August 11, 2011 |
| 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: August 11, 2011
Case #
512589
SUZANNE WOLFE et al., Individually and as Parents and Guardians of BRANDEN WOLFE, an Infant, Respondents-Appellants, v
Appellants-Respondents, Respondents. |
DECISION AND ORDER ON MOTION |
Motion to dismiss appeals taken by defendants William Hatch and Evan Hatch for failure of prosecution or, in the
alternative, to consolidate said appeals with cross appeal taken by plaintiffs.
Motion to dismiss cross appeal taken by plaintiffs for
failure of prosecution.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it
is
ORDERED that the cross appeal taken by plaintiffs is dismissed, without costs, unless plaintiffs shall file and serve the record on
appeal and brief on or before October 11, 2011, in which event the motion to dismiss the cross appeal is denied, and it is
further
ORDERED that the appeals taken by defendants William Hatch and Evan Hatch are dismissed, without costs, unless said
defendants shall file and serve their briefs, which shall also contain the points of argument on their appeals, on or before November 10, 2011, in
which event the motion to dismiss the appeals is denied, and it is further
ORDERED that the motion to consolidate the appeals is
granted, without costs, to the extent that the cross appeal and the appeals shall be heard together and may be perfected upon a joint record on
appeal to be filed and served by plaintiffs.
MERCURE, J.P., LAHTINEN, KAVANAGH and McCARTHY, JJ.,
concur.
ENTER:
Robert D. Mayberger
Clerk of the Court