Opinion
Motion No. 570615/23
07-18-2023
Unpublished Opinion
MOTION DECISION
By: Hagler, P.J., Tisch, James, J.J.
It is Ordered that the motion and cross motion are consolidated for purposes of disposition.
It is further Ordered that the motion of the respondent-respondent is granted, unless the petitioner-appellant perfects its appeal by no later than the December 2023 term - the filing deadline for which is October 11, 2023. Respondents briefs are to be filed on or before November 2, 2023.
In the event the petitioner-appellant fails to comply with the foregoing condition, respondent may move, on five days notice, for an order dismissing the consolidated appeal.
It is further Ordered that the petitioner-appellant's motion to consolidate the appeals and to produce one record and one brief on appeal is granted. In all other respects, petitioner-appellant's application is denied.