| MELISSA LAZAR V BARRY D. LAZAR MELISSA LAZAR V BARRY D. LAZAR (APPEAL NO. 2.) MELISSA LAZAR V BARRY D. LAZAR (APPEAL |
| Motion No: CA 14-00018 |
| Slip Opinion No: 2014 NY Slip Op 63258(U) |
| Decided on February 4, 2014 |
| 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 NO. CA 14-00018
DOCKET NO. CA 14-00019
DOCKET NO. CA 14-00020
| MELISSA LAZAR, PLAINTIFF-RESPONDENT, V BARRY D.
LAZAR, DEFENDANT-APPELLANT. (APPEAL NO. 1.) MELISSA LAZAR, PLAINTIFF-RESPONDENT, V BARRY D. LAZAR,
DEFENDANT-APPELLANT. (APPEAL NO. 2.) MELISSA LAZAR, PLAINTIFF-RESPONDENT, V BARRY D. LAZAR,
DEFENDANT-APPELLANT. (APPEAL NO. 3.) |
Appellant having moved to vacate dismissal of the appeals taken herein from an order and an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on March 30, 2012 (appeal No. 1), and April 16, 2012 (appeal No. 2), and having moved to consolidate appeal Nos. 1 and 2 with an appeal taken from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on June 10, 2013 (appeal No. 3),
Now, upon reading and filing the affidavit of James P. Renda, Esq., sworn to January 15, 2014, the notice of motion with proof of service thereof, and the affidavit of John A. Collins, Esq., sworn to January 21, 2014, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to vacate dismissal of appeal Nos. 1 and 2 is granted, on the condition that appellant perfects the appeals on or before March 27, 2014, and
It is further ORDERED that the motion is granted insofar as it seeks to consolidate appeal Nos. 1, 2 and 3, and those appeals are hereby consolidated for the purposes of perfecting and arguing those appeals.
Entered: February 4, 2014
Frances E. Cafarell, Clerk