| DAVID G. HARRIS V SYRACUSE UNIVERSITY, NANCY CANTOR, ERIC SPINA, MELVIN STITH, RANDAL ELDER, AND SUSAN ALBRING DAVID |
| Motion No: CA 14-01856 |
| Slip Opinion No: 2014 NY Slip Op 88924(U) |
| Decided on November 5, 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 14-01856
DOCKET NO. CA 14-01857
| DAVID G. HARRIS, PLAINTIFF-APPELLANT, V SYRACUSE UNIVERSITY,
NANCY CANTOR, ERIC SPINA, MELVIN STITH, RANDAL ELDER, AND SUSAN ALBRING, DEFENDANTS-RESPONDENTS. (APPEAL NO. 1.) DAVID G.
HARRIS, PLAINTIFF-APPELLANT, V SYRACUSE UNIVERSITY, NANCY CANTOR, ERIC SPINA, MELVIN STITH, RANDAL ELDER, AND SUSAN
ALBRING, DEFENDANTS-RESPONDENTS. (APPEAL NO. 2.) |
Appellant having moved to consolidate the appeals taken herein from an order and judgment and an order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on January 2, 2014 (appeal No. 1), and April 3, 2014 (appeal No. 2), and appellant having moved for an extension of time to perfect the appeals and for permission to exceed the page limit set forth in this Court's rules for an appellant's brief,
Now, upon reading and filing the affidavit of David G. Harris sworn to October 17, 2014, the notice of motion with proof of service thereof, and the affirmation of Thomas S. D'Antonio, Esq., dated October 21, 2014, 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 order and judgment and order entered January 2, 2014, and April 3, 2014, 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 appeal No. 1 is granted, and appellant shall perfect the appeal on or before January 5, 2015, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, and
It is further ORDERED that the motion insofar as it seeks an extension of time to perfect appeal No. 2 is dismissed as premature and unnecessary (see 22 NYCRR 1000.13 [f]), and
It is further ORDERED that the motion insofar as it seeks permission to file a brief that exceeds the page limit set forth in this Court's rules is denied.
Entered: November 5, 2014
Frances E. Cafarell, Clerk