| JENNIFER L. RECH V MICHAEL B. RECH JENNIFER L. RECH NOW KNOW AS JENNIFER L. SZCZUBLEWSKI V MICHAEL B. RECH (APPEAL NO. |
| Motion No: CA 17-01046 |
| Slip Opinion No: 2017 NY Slip Op 87486(U) |
| Decided on September 25, 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 17-01046
DOCKET NO. CA 17-01602
DOCKET NO. CA 17-01603
| JENNIFER L. RECH, PLAINTIFF-RESPONDENT, V MICHAEL B. RECH,
DEFENDANT-APPELLANT. (APPEAL NO. 1.) JENNIFER L. RECH NOW KNOW AS JENNIFER L. SZCZUBLEWSKI, PLAINTIFF-RESPONDENT, V
MICHAEL B. RECH, DEFENDANT-APPELLANT. (APPEAL NO. 2.) JENNIFER SZCZUBLEWSKI, PLAINTIFF-RESPONDENT, V MICHAEL B. RECH,
DEFENDANT-APPELLANT. (APPEAL NO. 3) |
Appellant 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 Monroe on November 3, 2016 (appeal No. 1), April 26, 2017 (appeal No. 2), and May 17, 2017 (appeal No. 3), and for an extension of time to perfect appeal No. 1, and respondent having cross-moved to dismiss appeal Nos. 2 and 3 on the ground that appellant failed to perfect timely the appeals,
Now, upon reading and filing the affidavit of Gerald T. Walsh, Esq., sworn to September 8, 2017, the affirmation of Matthew M. Piston, Esq., dated September 19, 2017, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that appellant's motion insofar as it seeks to consolidate the appeals is granted, and the appeals from the orders entered November 3, 2016, April 26, 2017, and May 17, 2017, are hereby consolidated for the purposes of perfecting and arguing the appeals, and
It is further ORDERED that appellant's 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 November 8, 2017, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, and
It is further ORDERED that respondent's cross motion insofar as it seeks to dismiss appeal Nos. 2 and 3 is granted and the appeals are dismissed without further order unless the appeals are perfected on or before November 8, 2017.
Entered: September 25, 2017
Frances E. Cafarell, Clerk