PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

DOCKET NO. CA 17-01001
DOCKET NO. CA 17-01003

40 STATE LLC, PLAINTIFF-RESPONDENT, V SUZANNE KARR, DEFENDANT-APPELLANT. (APPEAL NO. 1.) 40 STATE LLC, PLAINTIFF-RESPONDENT, V SUZANNE KARR, BARIE FOX, AND KATHERINE TARBOX, DEFENDANTS-APPELLANTS. (APPEAL NO. 2.)

Appellant Suzanne Karr having moved 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 Monroe on December 5, 2016 (appeal No. 1), and having moved to consolidate that appeal with the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Monroe on February 3, 2017 (appeal No. 2), and to amend the record filed on said appeal,

Now, upon reading and filing the affirmation of Derrick A. Spatorica, Esq., dated August 14, 2017, and 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 appeal No. 1, and

It is further ORDERED that the motion is granted insofar as it seeks to consolidate the appeals taken from the order entered December 5, 2016, and the judgment entered February 3, 2017, on the condition that appellant files and serves an original and 10 copies of a supplemental

stipulated or settled record consisting of the notice of appeal in appeal No. 1 on or before October 6, 2017, and

It is further ORDERED that the motion is denied insofar as it seeks to amend the record on appeal for appeal No. 2 (see 22 NYCRR 1000.4 [a] [1] [i], [ii]).

Entered: September 6, 2017

Frances E. Cafarell, Clerk