| CHERYL STEPHENS V CITY OF BUFFALO ET AL |
| Motion No: CA 22-01627 & CA 22-01888 |
| Slip Opinion No: 2023 NY Slip Op 67149(U) |
| Decided on May 16, 2023 |
| 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. |
PRESENT: WHALEN, P.J., SMITH, PERADOTTO, LINDLEY, AND CURRAN, JJ.
CA 22-01627 & CA 22-01888
| CHERYL STEPHENS, PLAINTIFF-RESPONDENT, V CITY OF
BUFFALO, DEFENDANT-APPELLANT, ET AL, DEFENDANTS. |
Appellant having moved to consolidate the appeals taken herein from orders of the Supreme Court, Erie County, entered March 29, 2022 (CA 22-01627; appeal No. 1), and November 7, 2022 (CA 22-01888; appeal No. 2), and having moved to vacate the dismissal of appeal No. 1, and respondent having cross-moved to dismiss appeal No. 2 as untimely taken,
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 insofar as it seeks to consolidate the appeals is dismissed as unnecessary (see 22 NYCRR 1250.9[f][3]),and
It is further ORDERED that the motion insofar as it seeks to vacate the dismissal of appeal No. 1 (CA 22-01627) is granted on the condition that the appeal is perfected on or before July 17, 2023, and
It is further ORDERED that respondent's cross motion to dismiss appeal No. 2 (CA 22-01888) as untimely is denied on the ground that the cross motion failed to establish that the appeal was untimely taken.
Entered: May 16, 2023
Ann Dillon Flynn
Clerk of the Court