| CELLINO & BARNES, PC V BRIAN CHAPIN YORK CELLINO & BARNES, PC V BRIAN CHAPIN YORK (APPEAL NO. 2.) |
| Motion No: CA 17-02195 |
| Slip Opinion No: 2018 NY Slip Op 90302(U) |
| Decided on December 3, 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 17-02195
DOCKET NO. CA 18-00706
| CELLINO & BARNES, PC, PLAINTIFF-RESPONDENT, V BRIAN CHAPIN
YORK, DEFENDANT-APPELLANT. (APPEAL NO. 1.) CELLINO & BARNES, PC, PLAINTIFF-RESPONDENT, V BRIAN CHAPIN YORK,
DEFENDANT-APPELLANT. (APPEAL NO. 2.) |
Appellant having moved to vacate the dismissal of the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on January 8, 2018 (appeal No. 2), and for other relief,
Now, upon reading and filing the affirmation of Brian Chapin York, Esq,. dated November 16, 2018, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to vacate dismissal of appeal No. 2 is granted, and the briefs and records previously filed by appellant are accepted for both appeals, and the appeals are deemed consolidated, and
It is further ORDERED that the motion insofar as it seeks an extension to file and serve a single reply brief for both appeals is granted on condition that the reply brief is filed and served on or before December 13, 2018, and the Clerk is directed to accept the brief for filing.
Entered: December 3, 2018
Mark W. Bennett, Clerk