| IN THE MATTER OF STATE OF NEW YORK V MICHAEL ALLEN IN THE MATTER OF STATE OF NEW YORK V MICHAEL ALLEN (APPEAL NO. 2.) |
| Motion No: CA 15-00439 |
| Slip Opinion No: 2016 NY Slip Op 67526(U) |
| Decided on March 15, 2016 |
| 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: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 15-00439
DOCKET NO. CA 16-00110
| IN THE MATTER OF STATE OF NEW YORK, PETITIONER-RESPONDENT, V
MICHAEL ALLEN, RESPONDENT-APPELLANT. (APPEAL NO. 1.) IN THE MATTER OF STATE OF NEW YORK, PETITIONER-RESPONDENT, V
MICHAEL ALLEN, RESPONDENT-APPELLANT. (APPEAL NO. 2.) |
Appellant having moved to consolidate the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on August 8, 2014 (appeal No. 1), and January 12, 2016 (appeal No. 2), and having moved for an extension of time to perfect appeal No.1,
Now, upon reading and filing the affirmation of Mark C. Davison, Esq., dated March 1, 2016, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as is seeks to consolidate the appeals is granted, and the appeals from the orders entered August 8, 2014, and January 12, 2016, 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 May 16, 2016, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: March 15, 2016
Frances E. Cafarell, Clerk