John McCabe v Consulate General of Canada .

Motion No: M-4306

Slip Opinion No: 2018 NYSlipOp 83933(U)

Decided on September 20, 2018

Appellate Division, First 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.

September 20, 2018

John McCabe,

Plaintiff-Appellant-Respondent,

v

Consulate General of Canada,

Defendant-Respondent-Appellant.

An order of this Court entered on February 22, 2018 (M-6534) having consolidated the appeals taken to this Court by plaintiff-appellant-respondent, pro se, from orders of the Supreme Court, New York County, entered on or about January 23, 2017 and October 10, 2017, and a cross appeal having been taken from the October 10, 2017 order by defendant-respondent-appellant, And plaintiff-appellant-respondent having moved for leave to withdraw the brief he filed perfecting his appeal solely from the January 23, 2017 order and replacing it with a brief which addresses his appeals from both the January 23, 2017 and October 10, 2017 orders, and for an enlargement of time to file said brief to the January 2019 Term or, in the alternative, to adjourn the perfected appeal to the January 2019 Term and for related relief, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is granted to the extent of adjourning the perfected appeal to the January 2019 Term and granting a further enlargement of time for the parties to perfect their respective appeals and cross appeal from the October 10, 2017 order to said January 2019 Term. The parties are directed to file their joint supplemental appendix on or before November 6, 2018 and on the same date, plaintiff-appellant-respondent shall file a supplemental brief which shall address only his

appeal from the October 10, 2017 order; defendant-respondent-appellant shall perfect its cross appeal from the October 10, 2017 order and respond to both plaintiff's appeals in a

single brief filed on or before December 5, 2018; plaintiff shall file his brief in reply on his appeals and in opposition to the cross appeal on or before December 14, 2018; and defendant shall file its brief in reply on the cross appeal on or before December 24, 2018. ENTERED: September 20, 2018

_____________________ CLERK

PRESENT: Hon. Dianne T. Renwick, Justice Presiding, Rosalyn H. Richter Sallie Manzanet-Daniels Angela M. Mazzarelli,Justices

M-4306

Index No. 101565/15