Appellate Division: Second Judicial Department

M286287

AFA/

COLLEEN D. DUFFY, J.P.

REINALDO E. RIVERA

LINDA CHRISTOPHER

HELEN VOUTSINAS, JJ.

2019-04932, 2019-04933 In the Matter of Michael Sullivan, respondent-appellant, v George Hoehmann, et al., appellants-respondents, Town Board of Clarkstown, et al., respondents. (Index No. 1620/2017)

DECISION & ORDER ON MOTION

2022-00862

In the Matter of Michael Sullivan,

petitioner-respondent, v George Hoehmann,

et al., appellants, Commissioner of Personnel

of the County of Rockland, et al.,

respondents-respondents.

(Index No. 1620/2017)

Appeals and cross appeals from an order and judgment (one paper) and an order of the Supreme Court, Rockland County, both dated March 12, 2019, and appeal from an order and judgment (one paper) of the same court dated December 31, 2021. Motion by George Hoehmann, Frank Borelli, Stephanie Hausner, John J. Noto, Daniel Caprara, and Town of Clarkstown, inter alia, to consolidate the appeals and cross appeals under Appellate Division Docket Nos. 2019-04932 and 2019-04933 with the appeal under Appellate Division Docket No. 2022-00862, and to extend the time to perfect the appeal under Appellate Division Docket No. 2022-00862. Cross motion by Michael Sullivan for a preference in the calendaring of the appeals and cross appeals under Appellate Division Docket Nos. 2019-04932 and 2019-04933.

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

ORDERED that the branch of the motion which is to consolidate the appeals and cross appeals under Appellate Division Docket Nos. 2019-04932 and 2019-04933 with the appeal under Appellate Division Docket No. 2022-00862 is denied; and it is further,

ORDERED that on the Court's own motion, the appeals and cross appeals under Appellate Division Docket Nos. 2019-04932 and 2019-04933 and the appeal under Appellate Division Docket No. 2022-00862 will be calendared together and will be argued or submitted on the same date; and it is further,

ORDERED that the branch of the motion which is to extend the time to perfect the appeal under Appellate Division Docket No. 2022-00862 is granted, and on or before January 6, 2023, the appellants shall serve and file the record or appendix and the appellants' brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellants' brief and upload digital copies of the record or appendix and the appellants' brief, with proof of service thereof, through the digital portal on this Court's website, and the motion is otherwise denied; and it is further,

ORDERED that the cross motion is denied.

DUFFY, J.P., RIVERA, CHRISTOPHER and VOUTSINAS, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court