| MARK HOGAN AND ELIZABETH HOGAN, INDIVIDUALLY AND AS PARENTS AND NATURAL GUARDIANS OF J.H., AN INFANT, AND I.H., AN |
| Motion No: CA 17-01446 |
| Slip Opinion No: 2018 NY Slip Op 76566(U) |
| Decided on June 28, 2018 |
| 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 17-01446
DOCKET NO. CA 18-00562
DOCKET NO. CA 18-01893
DOCKET NO. CA 18-01894
| MARK HOGAN AND ELIZABETH HOGAN, INDIVIDUALLY AND AS PARENTS AND
NATURAL GUARDIANS OF J.H., AN INFANT, AND I.H., AN INFANT, PLAINTIFFS-APPELLANTS, V DAVID VANDEWATER, FRANK P. ROSE, AND GINA
NICOLETTI, DEFENDANTS-RESPONDENTS. (APPEAL NO. 1.) MARK HOGAN AND ELIZABETH HOGAN, INDIVIDUALLY AND AS PARENTS AND
NATURAL GUARDIANS OF J.H., AN INFANT, AND I.H., AN INFANT, PLAINTIFFS-APPELLANTS, V DAVID VANDEWATER, FRANK P. ROSE, AND GINA
NICOLETTI, DEFENDANTS-RESPONDENTS. (APPEAL NO. 2.) |
Appellants having moved to vacate the dismissal of the appeals taken herein from the judgments of the Supreme Court entered in the Office of the Clerk of the County of Lewis on May 5, 2017 (docket Nos. CA 17-01446, CA 18-01893, and CA 01894), to extend the time to perfect the appeal taken herein from an order of said court entered in the Office of the Clerk of the County of Lewis on December 18, 2017 (docket No. CA 18-00562), and to consolidate the appeals,
Now, upon reading and filing the affirmations of A.J. Bosman, Esq., dated June 11, 2018, and June 21, 2018, the notice of motion with proof of service thereof, the affirmation of Paul A. Sanders, Esq., dated June 14, 2018, the affirmation of Mark D. Goris, Esq., dated June 15, 2018, and the affirmation of Robert J. Slye, Esq., dated June 18, 2018, 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, on the condition that appellant perfects the appeal on or before August 10, 2018, and
It is further ORDERED that the motion, insofar as it seeks an extension of time to perfect appeal No. 2, is granted to the extent that the ordering paragraphs of the orders of this Court entered April 12, 2018, and April 18, 2018, are hereby amended by deleting the date June 11, 2018, and inserting in its place the date August 10, 2018, and
It is further ORDERED that the motion is granted insofar as it seeks to consolidate the appeals, and the appeals from the judgment and the order entered May 5, 2017, and December 18, 2017, are hereby consolidated for the purposes of perfecting and arguing the appeals.
Entered: June 28, 2018
Mark W. Bennett, Clerk