David Budin v Carl Patrick Davis et

Motion No: 527143

Slip Opinion No: 2018 NY Slip Op 82185(U)

Decided on August 30, 2018

Appellate Division, Third 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.

Decided and Entered: August 30, 2018527143

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DAVID BUDIN,                      
                                                       Appellant,
           v                      DECISION AND ORDER
                      ON MOTION
CARL PATRICK DAVIS et al.,
                                                       Respondents.
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Motion to dismiss appeal taken by notice of appeal dated May 25, 2018 for failure of prosecution.

Cross motion to consolidate and for extension of time to perfect appeals.

Upon the papers filed in support of the motion and the cross motion and the papers filed in response and in opposition thereto, it is

ORDERED that the appeal taken by notice of appeal dated May 25, 2018 is dismissed, without costs, unless appellant shall file and serve a record on appeal and brief on or before September 24, 2018, in which event the motion to dismiss is denied, and it is further

ORDERED that the motion to consolidate is granted, without costs, to the extent that the appeals shall be heard together and may be perfected upon a joint record on appeal and brief, and it is further

ORDERED that the motion for an extension of time to perfect the appeals is granted, without costs, and the time to perfect the appeals is extended to September 24, 2018.
Garry, P.J., Devine, Clark and Aarons, JJ., concur.

ENTER:
Robert D. Mayberger
Clerk of the Court