| JOSEPH SKITZKI V MELISSA NEAL |
| Motion No: NOS. CA 18-00762, CA 18-00763, AND CA 18-02301 |
| Slip Opinion No: 2018 NY Slip Op 91566(U) |
| Decided on December 17, 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 NOS. CA 18-00762, CA 18-00763, AND CA 18-02301
| JOSEPH SKITZKI, PLAINTIFF-RESPONDENT, V MELISSA NEAL,
DEFENDANT-APPELLANT. |
Appellant having moved to vacate the dismissal of the appeals taken herein from an order and a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on December 19, 2017, and December 29, 2017, and to consolidate those appeals with the appeal taken herein from an order of the same court entered in the Office of the Clerk of the County of Erie on July 26, 2018 (docket No. CA 18-02301),
Now, upon reading and filing the affidavit of Melissa Neal sworn to December 7, 2018, the notice of motion with proof of service thereof, and the affidavit of Kelly A. Feron, Esq., sworn to December 13, 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 the appeals taken from an order and a judgment entered December 19, 2017, and December 29, 2017, on the condition that appellant perfects the appeals on or before February 15, 2019, and
It is further ORDERED that the motion is granted insofar as it seeks to consolidate the appeals, and the appeals taken from the orders and judgment entered December 19, 2017, December 29, 2017, and July 26, 2018, are hereby consolidated for the purposes of perfecting and arguing the appeals.
Entered: December 17, 2018
Mark W. Bennett, Clerk