| TIMOTHY C. HEWITT V COUNTY OF CHAUTAUQUA, RAYMOND R. WHITACRE, INDIVIDUALLY AND AS PARENT OF BRENDYN J. WHITACRE, AND |
| Motion No: CA 16-02309 |
| Slip Opinion No: 2017 NY Slip Op 69110(U) |
| Decided on March 28, 2017 |
| 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 16-02309
| TIMOTHY C. HEWITT, PLAINTIFF-APPELLANT, V COUNTY OF
CHAUTAUQUA, RAYMOND R. WHITACRE, INDIVIDUALLY AND AS PARENT OF BRENDYN J. WHITACRE, AND BRENDYN J. WHITACRE,
DEFENDANTS-RESPONDENTS. |
Appellant having move to vacate the dismissal of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Chautauqua on September 8, 2016, with respect to Raymond R. Whitacre individually and as parent of Brendyn J. Whitacre, and Brendyn J. Whitacre, and to consolidate the appeals,
Now, upon reading and filing the affidavit of Timothy C. Hewitt sworn to March 8, 2017, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted insofar as it seeks to vacate dismissal of the appeal with respect to Raymond R. Whitacre individually and as parent of Brendyn J. Whitacre, and Brendyn J. Whitacre, on the condition that appellant perfects the appeal on or before May 12, 2017, and
It is further ORDERED that the motion insofar as it seeks to consolidate the appeals is granted on the condition that appellant perfects the appeal as to Raymond R. Whitacre individually and as parent of Brendyn J. Whitacre, and Brendyn J. Whitacre on or before May 12, 2017.
Entered: March 28, 2017
Frances E. Cafarell, Clerk