Opinion
Motion No: 525461
09-28-2017
BRIAN P. CARR, Appellant, v. MICHAEL R. HAAS et al., Respondents.
DECISION AND ORDER ON MOTION
Motion to combine appeals, to declare order of Supreme Court dated August 7, 2017 to be sufficient to bring appeals to fruition, to set date of combined appeal to be date motion is decided and to set procedure for settlement of record on appeal for single copy of record.
Cross motion to dismiss appeal taken by notice of appeal dated January 11, 2017 for failure of prosecution, to dismiss appeal taken by notice of appeal dated August 15, 2017 on ground that appellant is not aggrieved or to limit record on appeal to documents in the record before Supreme Court.
Upon the papers filed in support of the motion and the cross motion and the papers filed in opposition thereto, it is
ORDERED that the motion to combine the appeals 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 to declare the order of Supreme Court dated August 7, 2017 to be sufficient to bring appeals to fruition is denied, without costs, and without prejudice to the issue involved being raised upon the argument of the appeals, and it is further
ORDERED that the motion set date of the combined appeal to be date motion is decided is granted, without costs, only to the extent that the time to perfect the appeals is extended to November 27, 2017, and it is further
ORDERED that the appeal taken by notice of appeal dated January 11, 2017 is dismissed, without costs, unless appellant shall file and serve a record on appeal and brief on or before November 27, 2017, in which event the cross motion to dismiss said appeal for failure of prosecution is denied, and it is further
ORDERED that the cross motion to dismiss the appeal taken by notice of appeal dated August 15, 2017 on the ground that appellant is not aggrieved is denied, without costs, and without prejudice to the issue involved being raised upon the argument of the appeal, and it is further
ORDERED that the motion to set procedure for settlement of record on appeal for single copy of record and the cross motion to limit the record on appeal to documents in the record before Supreme Court are denied, without costs. If the parties are unable to agree to the content of the record on appeal, the proposed record on appeal should be submitted to the court of original instance for settlement.
McCarthy, J.P., Rose, Aarons and Rumsey, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court