| Chicas v Cassar |
| Motion No: 2019-07347 |
| Slip Opinion No: 2020 NY Slip Op 75659(U) |
| Decided on December 7, 2020 |
| Appellate Division, Second 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. |
Appellate Division: Second Judicial Department
M274399
MB/
CHERYL E. CHAMBERS, J.P.
LEONARD B. AUSTIN
HECTOR D. LASALLE
VALERIE BRATHWAITE NELSON, JJ.
|
2019-07347 Julio Chicas, plaintiff-respondent, v Christopher J. Cassar, etc., et al., defendants third-party plaintiffs- appellants; Victor A. Carr, etc., et al., third-party defendants-respondents. (Index No. 604647/2017)
| DECISION & ORDER ON MOTION |
2019-11106
Julio Chicas, appellant-respondent, v Christopher J.
Cassar, etc., et al., respondents-appellants.
(Index No. 604647/2017)
Appeals from two orders of the Supreme Court, Suffolk County, dated May 23, 2019, and August 22, 2019, respectively, and cross appeal from the order dated August 22, 2019. The appeal from the order dated May 23, 2019, was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by Christopher J. Cassar and Christopher J. Cassar P.C., in effect, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal from the order dated March 23, 2019, 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 vacate dismissal of the appeal from the order dated May 23, 2019 is denied; and it is further,
ORDERED that the branch of the motion which is to consolidate the appeals is denied as academic.
CHAMBERS, J.P., AUSTIN, LASALLE and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court