Appellate Division: Second Judicial Department

M271820

MB/

CHERYL E. CHAMBERS, J.P.

JOSEPH J. MALTESE

HECTOR D. LASALLE

FRANCESCA E. CONNOLLY, JJ.

2019-02085, 2019-02086, 2019-02087 In the Matter of Robert McNerney, appellant, v Carmel Central School District, et al., respondents. (Index No. 211/2018)

DECISION & ORDER ON MOTION

Appeals from three orders of the Supreme Court, Putnam County, dated October 19, 2018, November 15, 2018, and December 14, 2018, respectively, which were deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeals, to reinstate the appeals, and, in effect, to accept the appellant's appendix for filing. Cross motion by the respondents to dismiss the appeals, to impose a sanction against the appellant and the appellant's counsel, and for an award of costs.

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

ORDERED that the branches of the motion which are to vacate the dismissal of the appeals and to reinstate the appeals are granted; and it is further,

ORDERED that on the Court's own motion, the appellant's time to perfect the appeals is extended, and on or before August 3, 2020, the appellant shall serve the record or appendix and the appellant's brief and upload digital copies of the record or appendix and the appellant's brief, with proof of service thereof, through the digital portal on this Court's website, and file an original and five hard copies of the record or appendix and the appellant's brief in accordance with any applicable administrative order or other order to be issued by the Court; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the cross motion is denied.

CHAMBERS, J.P., MALTESE, LASALLE and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court