| Mills v Salvation Army |
| Motion No: 2016-02580 |
| Slip Opinion No: 2017 NY Slip Op 61237(U) |
| Decided on January 17, 2017 |
| Appellate Division, Second 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. |
Appellate Division: Second Judicial Department
M224623
E/sl
JOHN M. LEVENTHAL, J.P.
SHERI S. ROMAN
SANDRA L. SGROI
FRANCESCA E. CONNOLLY, JJ.
|
2016-02580, 2016-11645 Bernadette Mills, appellant, v Salvation Army, respondent. (Index No. 703794/14)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Queens County, entered February 24, 2016, on the ground that the order is not appealable, or, in the alternative, to enlarge the time to serve and file a brief. Separate motion by the appellant to enlarge the time to perfect an appeal from an order of the same court entered October 20, 2015, or, in effect, to deem the record and brief filed in connection with the order entered February 24, 2016, to also be filed in connection with the appeal from the order entered October 20, 2015.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the branch of the respondent's motion which is to dismiss the appeal from the order entered February 24, 2016, is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,
ORDERED that the branch of the appellant's motion which is , in effect, to deem the record and brief filed in connection with the order entered February 24, 2016, to also be filed in connection with the appeal from the order entered October 20, 2015, is granted, the appeals are consolidated, and on or before February 16, 2017, the appellant shall serve and file a supplemental record containing the order entered October 20, 2015, as well as the notice of appeal from that order, and shall correct the covers of the copies of the record and briefs filed in this Court to reflect that the appeals are consolidated; and it is further,
ORDERED that the branch of the respondent's motion which is to enlarge the respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until March 20, 2016, and the respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the appellant's motion is otherwise denied as academic.
LEVENTHAL, J.P., ROMAN, SGROI and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court