Hewitt v. Cnty. of Chautauqua ex rel. Whitacre

Full title: TIMOTHY C. HEWITT, PLAINTIFF-APPELLANT, v. COUNTY OF CHAUTAUQUA, RAYMOND…

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

Date published: Mar 28, 2017

2017 N.Y. Slip Op. 69071 (N.Y. App. Div. 2017)

2017 N.Y. Slip Op. 69110

Opinion

DOCKET NO. CA 16-02309

03-28-2017

TIMOTHY C. HEWITT, PLAINTIFF-APPELLANT, v. COUNTY OF CHAUTAUQUA, RAYMOND R. WHITACRE, INDIVIDUALLY AND AS PARENT OF BRENDYN J. WHITACRE, AND BRENDYN J. WHITACRE, DEFENDANTS-RESPONDENTS.

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

PRESENT:

Appellant having move to vacate the dismissal of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Chautauqua on September 8, 2016, with respect to Raymond R. Whitacre individually and as parent of Brendyn J. Whitacre, and Brendyn J. Whitacre, and to consolidate the appeals,

Now, upon reading and filing the affidavit of Timothy C. Hewitt sworn to March 8, 2017, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted insofar as it seeks to vacate dismissal of the appeal with respect to Raymond R. Whitacre individually and as parent of Brendyn J. Whitacre, and Brendyn J. Whitacre, on the condition that appellant perfects the appeal on or before May 12, 2017, and

It is further ORDERED that the motion insofar as it seeks to consolidate the appeals is granted on the condition that appellant perfects the appeal as to Raymond R. Whitacre individually and as parent of Brendyn J. Whitacre, and Brendyn J. Whitacre on or before May 12, 2017.

Entered: March 28, 2017

Frances E. Cafarell, Clerk