| KONDAUR CAPITAL CORPORATION, AS SEPARATE TRUSTEE OF MATAWIN VENTURES TRUST SERIES 2012-3 V DIANNE L. LUNN, - . KONDAUR |
| Motion No: CA 14-01560 |
| Slip Opinion No: 2015 NY Slip Op 72974(U) |
| Decided on May 12, 2015 |
| 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, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 14-01560
DOCKET NO. CA 15-00733
(Index No. 2013-13326.)
| KONDAUR CAPITAL CORPORATION, AS SEPARATE TRUSTEE OF MATAWIN
VENTURES TRUST SERIES 2012-3, PLAINTIFF-RESPONDENT, V DIANNE L. LUNN, DEFENDANT-APPELLANT, ET AL., DEFENDANTS. (APPEAL NO.
1.) KONDAUR CAPITAL CORPORATION, AS SEPARATE TRUSTEE OF MATAWIN VENTURES TRUST SERIES 2012-3, PLAINTIFF-RESPONDENT, V
DIANNE L. LUNN, DEFENDANT-APPELLANT, ET AL., DEFENDANTS. (APPEAL NO. 2.) |
Appellant having moved to consolidate the appeals taken herein from an order and a judgment of the Supreme Court entered in the Office of the Clerk of the County of Monroe on July 10, 2014 (appeal No. 1.), and March 11, 2015 (appeal No. 2), and having moved for permission to proceed as a poor person in appeal No. 2,
Now, upon reading and filing the affidavit of Dianne Lunn sworn to April 27, 2015, the notice of motion with proof of service thereof, the statement of Robert P. Yawman, Esq., dated April 29, 2015, and the affirmation of Megha C. Pastel, Esq., dated May 6, 2015, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to consolidate the appeal is granted, and the appeals from the order and judgment entered July 10, 2014, and March 11, 2015, are hereby consolidated for the purposes of perfecting and arguing the appeals, and
It is further ORDERED that the motion insofar as it seeks permission to proceed as a poor person in appeal No. 2 is granted, and
It is further ORDERED that the Clerk of the County of Monroe is hereby directed to provide appellant with copies of all transcripts of stenographic, digitally recorded, or audiotaped minutes, if any, of the proceedings had and filed in said Clerk's Office upon which the appeal is based, along with one copy of any other paper or document on file in the Clerk's Office that is relevant and necessary to the appeal, and
It is further ORDERED that appellant shall pay costs and fees and any sum expended by the County of Monroe in providing the aforesaid stenographic copy out of any recovery by judgment or settlement.
Entered: May 12, 2015
Frances E. Cafarell, Clerk