Appellate Division: Second Judicial Department

M268485

kbp/

JOHN M. LEVENTHAL, J.P.

ROBERT J. MILLER

JOSEPH J. MALTESE

HECTOR D. LASALLE, JJ.

2019-01196 Jeffrey Moseman, et al., plaintiffs-respondents, v Steven Pratt, et al., defendants third-party plaintiffs-appellants; Dutchess County Community Agency, Inc., ect., third-party defendant-respondent. (Index No. 4030/15)

DECISION & ORDER ON MOTION

2019-11940

Jeffrey Moseman, et al., appellants,

v Steven Pratt, et al., defendants third-party

plaintiffs-respondents; Dutchess County

Community Agency, Inc., ect., third-party

defendant-respondent.

(Index No. 4030/15)

Motion by the plaintiffs-respondents on appeals from two orders of the Supreme Court, Dutchess County, dated December 14, 2018, and October 3, 2019, to dismiss the appeal from the order dated December 14, 2018, on the ground that it was superseded by the order dated October 3, 2019, or, in the alternative, to extend the respondents' time to serve and file their respective briefs and to consolidate the appeals.

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

ORDERED that the branch of the motion which is to dismiss the appeal from the order dated December 14, 2018, is denied; and it is further,

ORDERED that the branch of the motion which is to extend the time to serve and file the respondents' briefs is granted, the respondents' time to serve and file their respective briefs is extended until January 27, 2020, and the respondents' briefs shall be served and filed on or before that date; and it is further,

ORDERED that no further extension of time shall be granted; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is denied; and it is further,

ORDERED that on the Court's own motion, the appeals will be calendared together and will be argued or submitted on the same day.

LEVENTHAL, J.P., MILLER, MALTESE and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court