NATHANIEL TOTARO, - V BRIAN MALINOWSKI NATHANIEL TOTARO AND KRISTINE SIMMONS-KINDRON V BRIAN MALINOWSKI
Motion No: CA 23-01739 & CA 23-02164
Slip Opinion No: 2024 NY Slip Op 81303(U)
Decided on December 6, 2024
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.


December 6, 2024

PRESENT: BANNISTER J.P., SMITH, OGDEN, NOWAK, AND HANNAH, JJ.

CA 23-01739 & CA 23-02164

NATHANIEL TOTARO, PLAINTIFF-APPELLANT,

ET AL., PLAINTIFF,

V

BRIAN MALINOWSKI, DEFENDANT-RESPONDENT.

NATHANIEL TOTARO, PLAINTIFF,

AND KRISTINE SIMMONS-KINDRON, PLAINTIFF-APPELLANT,

V

BRIAN MALINOWSKI, DEFENDANT-RESPONDENT.


Plaintiffs-appellants having moved to adjourn oral argument in the appeals taken herein from orders of the Supreme Court, Erie County, entered March 24, 2023 and December 14, 2023,

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 granted, and

It is further ORDERED that the appeals taken under Appellate Docket No. CA 23-01739 and CA 23-02164 are removed from the term of Court commencing January 15, 2025, and added to the term of Court commencing February 18, 2025.

Entered: December 6, 2024

Ann Dillon Flynn

Clerk of the Court