Opinion
Motion No: 527143
08-30-2018
DAVID BUDIN, Appellant, v. CARL PATRICK DAVIS et al., Respondents.
DECISION AND ORDER ON MOTION
Motion to dismiss appeal taken by notice of appeal dated May 25, 2018 for failure of prosecution.
Cross motion to consolidate and for extension of time to perfect appeals.
Upon the papers filed in support of the motion and the cross motion and the papers filed in response and in opposition thereto, it is
ORDERED that the appeal taken by notice of appeal dated May 25, 2018 is dismissed, without costs, unless appellant shall file and serve a record on appeal and brief on or before September 24, 2018, in which event the motion to dismiss is denied, and it is further
ORDERED that the motion to consolidate is granted, without costs, to the extent that the appeals shall be heard together and may be perfected upon a joint record on appeal and brief, and it is further
ORDERED that the motion for an extension of time to perfect the appeals is granted, without costs, and the time to perfect the appeals is extended to September 24, 2018.
Garry, P.J., Devine, Clark and Aarons, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court