| ADAM R. STEARNS V IRENE O'BRIEN |
| Motion No: NOS. CA 11-02023 AND CA 11-02024 |
| Slip Opinion No: 2011 NY Slip Op 87201(U) |
| Decided on October 11, 2011 |
| 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 PERADOTTO, JJ.
DOCKET NOS. CA 11-02023 AND CA 11-02024
| ADAM R. STEARNS, PLAINTIFF-APPELLANT, V IRENE O'BRIEN,
DEFENDANT-RESPONDENT. |
Appellant having moved for an extension of time to perfect the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Ontario on January 21, 2011, and to consolidate the appeal from the order entered January 21, 2011 with the appeal from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Ontario on January 21, 2011,
Now, upon reading and filing the affirmation Charles A. Hall, Esq., dated October 4, 2011, the notice of motion with proof of service thereof, and the affidavit of Keith D. Miller, Esq., sworn to October 10, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks an extension of time to perfect the appeals is granted and appellant shall perfect the appeals on or before xx/xx/xxxx, and, in the event of failure to so perfect, the appeals are hereby dismissed without further order, and
It is further ORDERED that the motion insofar as it seeks to consolidate the appeals is granted and the appeals taken from the order and the judgment entered January 21, 2011, are hereby consolidated for the purposed of perfecting and arguing the appeals.
Entered: October 11, 2011
Patricia L. Morgan, Clerk