Christine Horne Motta et Individually and as Guardians of Anthony Motta an Infant v Eldred Central School District

Motion No: 526614

Slip Opinion No: 2018 NY Slip Op 84127(U)

Decided on September 19, 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: September 19, 2018526614

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CHRISTINE HORNE MOTTA et al., Individually and as Guardians of ANTHONY MOTTA, an Infant,                      
                                                       Respondents,
           v                      DECISION AND ORDER
                      ON MOTION
ELDRED CENTRAL SCHOOL DISTRICT,
                                                       Appellant.
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Motion to dismiss appeal taken by notice of appeal dated February 12, 2018.

Cross motion to consolidate.

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

ORDERED that the appeal taken by notice of appeal dated February 12, 2018 is dismissed, without costs, unless appellant shall file and serve a record on appeal and brief on or before November 19, 2018, in which event the motion to dismiss is denied, and it is further

ORDERED that the cross motion to consolidate is granted, without costs, to the extent that the appeals taken by notices of appeal dated February 12, 2018 and April 26, 2018 shall be heard together and may be perfected upon a joint record on appeal and brief.
Garry, P.J., Egan Jr., Aarons and Pritzker, JJ., concur.

ENTER:
Robert D. Mayberger
Clerk of the Court