| YESENIA CRUZ, INDIVIDUALLY, AND AS PARENT AND NATURAL GUARDIAN OF ELIJAH B. CRUZ, AN INFANT V MICHAEL J. STACHOWSKI, AS |
| Motion No: CA 16-00025 |
| Slip Opinion No: 2016 NY Slip Op 82827(U) |
| Decided on August 16, 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., CARNI, LINDLEY, AND DEJOSEPH, JJ.
DOCKET NO. CA 16-00025
DOCKET NO. CA 16-01350
| YESENIA CRUZ, INDIVIDUALLY, AND AS PARENT AND NATURAL GUARDIAN OF
ELIJAH B. CRUZ, AN INFANT, PLAINTIFF-RESPONDENT, V MICHAEL J. STACHOWSKI, AS GUARDIAN OF PROPERTY OF TAQUILO CASTELLANOS,
AN INFANT, TAQUILO CASTELLANOS, AN INFANT, DEFENDANTS-APPELLANTS, ET AL., DEFENDANTS. (APPEAL NO. 1.) YESENIA CRUZ,
INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN OF ELIZJAH B. CRUZ, PLAINTIFF-RESPONDENT, V MICHAEL J. STACHOWSKI, AS
GUARDIAN OF THE PROPERTY OF TAQUILO CASTELLANOS, AN INFANT, ET AL., DEFENDANTS, ROGELIO COSTELLANOS, JR., INDIVIDUALLY AN AS PARENT
AND NATURAL GUARDIAN OF TAQUILO CASTELLANOS, AN INFANT, DEFENDANT-APPELLANT. (APPEAL NO.
2.) |
Appellant Rogelio Castellanos, Jr. 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 October 5, 2015 (appeal No. 1), and May 10, 2016 (appeal No. 2),
Now, upon reading and filing the affirmation of Matthew A. Louisos, Esq., dated August 2, 2016, the notice of motion with proof of service thereof, and the affirmation of Christopher D. D'Amato, Esq., dated August 9, 2016, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Memorandum: Appellant's remedy is to perfect the unperfected appeal and to move to reschedule either appeal so that the appeals can be heard and determined together.
Entered: August 16, 2016
Frances E. Cafarell, Clerk