Opinion
DOCKET NO. CA 17-00675 DOCKET NO. CA 17-00676
05-01-2017
MARLENE CORNELL, AS ADMINISTRATOR OF THE ESTATE OF SAMUEL CONDELLO, DECEASED, PLAINTIFF-RESPONDENT-APPELLANT, v. COUNTY OF MONROE, DEFENDANT-APPELLANT-RESPONDENT. (APPEAL NO. 1.) MARLENE CORNELL, AS ADMINISTRATOR OF THE ESTATE OF SAMUEL CONDELLO, DECEASED, PLAINTIFF-RESPONDENT, v. COUNTY OF MONROE, DEFENDANT-APPELLANT. (APPEAL NO. 2.)
PRESENT:
Defendant having moved to consolidate the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Monroe on June 23, 2016 (appeal No.1), and October 25, 2016 (appeal No. 2), and for an extension of time to perfect appeal No. 1,
Now, upon reading and filing the affirmation of Matthew D. Brown, Esq., dated April 5, 2017, the notice of motion with proof of service thereof, and the affirmation of David L. Murphy, Esq., dated April 17, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to consolidate the appeals is granted, and the appeals from the orders entered June 23, 2016, and October 25, 2016, are hereby consolidated for the purposes of perfecting and arguing the appeals, and
It is further ORDERED that the motion insofar as it seeks an extension of time to perfect appeal No. 1 is granted, and appellant shall perfect the appeal on or before June 12, 2017 and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, and
It is further ORDERED that the motion insofar as it seeks an extension of time to perfect appeal No. 2 is dismissed as premature (see 22 NYCRR 1000.13 [f]).
Entered: May 1, 2017
Frances E. Cafarell, Clerk