| MARITA E. HYMAN V SUSAN N. BURGESS MARITA E. HYMAN V SUSAN N. BURGESS (APPEAL NO. 2.) |
| Motion No: CA 16-00827 |
| Slip Opinion No: 2016 NY Slip Op 76082(U) |
| Decided on June 7, 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 16-00827
DOCKET NO. CA 16-00828
| MARITA E. HYMAN, PLAINTIFF-APPELLANT, V SUSAN N. BURGESS,
DEFENDANT-RESPONDENT. (APPEAL NO. 1.) MARITA E. HYMAN, PLAINTIFF-APPELLANT, V SUSAN N. BURGESS,
DEFENDANT-RESPONDENT. (APPEAL NO. 2.) |
Appellant having moved to consolidate the appeals and for an extension of time to perfect the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Oneida on August 28, 2015 (appeal No. 1), and December 2, 2015 (appeal No. 2),
Now, upon reading and filing the affidavits of Marita E. Hyman sworn to May 2, 2016, and May 16, 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 it seeks to consolidate the appeals is granted, and the appeals from the orders entered August 28, 2015, and December 2, 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 an extension of time to perfect appeal No. 1 is granted, and appellant shall perfect the appeal on or before September 2, 2016, 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 (see 22 NYCRR 1000.13 [f]).
Entered: June 7, 2016
Frances E. Cafarell, Clerk