AGNIESZKA CHEN V WILLIAM CHEN
Motion No: CA 20-00772, CA 19-01848, AND CA 20-00773
Slip Opinion No: 2020 NY Slip Op 68050(U)
Decided on July 1, 2020
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.


July 1, 2020

PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

CA 20-00772, CA 19-01848, AND CA 20-00773

AGNIESZKA CHEN, PLAINTIFF-RESPONDENT,

V

WILLIAM CHEN, DEFENDANT-APPELLANT.


Appellant having moved to vacate the dismissal of the appeals taken herein from orders and an order and judgment of the Supreme Court, Erie County, entered August 3, 2018 (CA 20-00772), June 21, 2019 (CA 19-01848), and August 9, 2019 (CA 20-00773), and to consolidate the appeals,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied as untimely insofar as it seeks to vacate dismissal of the appeal taken from the order entered August 3, 2018 (see 22 NYCRR 1250.10 [c]), and

It is further ORDERED that the motion is granted insofar as it seeks to vacate dismissal of the appeals taken from the order and the order and judgment entered June 21, 2019, and August 9, 2019, on the condition that the appeals are perfected on or before August 31, 2020, and

It is further ORDERED that the motion is granted insofar as it seeks to consolidate the appeals, and the appeals taken from the order and the order and judgment entered June 21, 2019, and August 9, 2019, are hereby consolidated for the purposes of perfecting and arguing the appeals.

Entered: July 1, 2020

Mark W. Bennett

Clerk of the Court