Chen v. Chen

Full title: AGNIESZKA CHEN, PLAINTIFF-RESPONDENT, v. WILLIAM CHEN, DEFENDANT-APPELLANT.

Court: Appellate Division of the Supreme Court of the State of New York

Date published: Jul 1, 2020

2020 N.Y. Slip Op. 68050 (N.Y. App. Div. 2020)

Opinion

CA 20-00772 CA 19-01848 CA 20-00773

07-01-2020

AGNIESZKA CHEN, PLAINTIFF-RESPONDENT, v. WILLIAM CHEN, DEFENDANT-APPELLANT.

WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

PRESENT:

Appellant having moved to vacate the dismissal of the appeals taken herein from orders and an order and judgment of the Supreme Court, Erie County, entered August 3, 2018 (CA 20-00772), June 21, 2019 (CA 19-01848), and August 9, 2019 (CA 20-00773), and to consolidate the appeals,

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 denied as untimely insofar as it seeks to vacate dismissal of the appeal taken from the order entered August 3, 2018 (see 22 NYCRR 1250.10 [c]), and

It is further ORDERED that the motion is granted insofar as it seeks to vacate dismissal of the appeals taken from the order and the order and judgment entered June 21, 2019, and August 9, 2019, on the condition that the appeals are perfected on or before August 31, 2020, and

It is further ORDERED that the motion is granted insofar as it seeks to consolidate the appeals, and the appeals taken from the order and the order and judgment entered June 21, 2019, and August 9, 2019, are hereby consolidated for the purposes of perfecting and arguing the appeals.

Entered: July 1, 2020

Mark W. Bennett

Clerk of the Court