Opinion
DOCKET NO. CA 16-01221 DOCKET NO. CAF 17-00264
08-21-2017
JANET M. HINES, PLAINTIFF-APPELLANT, v. JOSHUA J. HINES, DEFENDANT-RESPONDENT (APPEAL NO. 1.) IN THE MATTER OF JANET HINES, PETITIONER-APPELLANT-RESPONDENT, v. JOSHUA HINES, RESPONDENT-RESPONDENT-APPELLANT. IN THE MATTER OF JOSHUA HINES, PETITIONER-RESPONDENT-APPELLANT, v. JANET HINES, RESPONDENT-APPELLANT-RESPONDENT. (APPEAL NO. 2.)
PRESENT:
Appeals having been taken herein from an order of the Supreme Court, Onondaga County, entered in the office of the Clerk of said Court on December 9, 2015, and from an order of the Family Court, Oswego County, entered in the office of the Clerk of said Court on December 29, 2016, and appellant Joshua Hines having moved for relief pursuant to CPLR 5520 (c), and to consolidate the appeals, and appellant Janet Hines having cross-moved for an extension of time to perfect,
Now, upon reading and filing the affirmation of Heather L. Youngman, Esq., dated July 28, 2017, the notices of motion and cross motion with proof of service thereof, the affirmations of Paul B. Watkins, Esq., dated August 7, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks relief pursuant to CPLR 5520 (c) is granted, and the notice of appeal, filed November 21, 2016, shall be treated as valid as to the order of Family Court entered December 29, 2016, and
It is further ORDERED that the motion insofar as it seeks to consolidate the appeals is granted, and the appeals taken by appellants Janet Hines and Joshua Hines are hereby consolidated for the purposes of perfecting and arguing the appeals, and
It is further ORDERED that the cross-motion is granted to the extent that the ordering paragraph of the order of this Court entered July 6, 2017, is hereby amended by deleting the date August 6, 2017, and inserting in its place the date September 18, 2017.
Entered: August 21, 2017
FRANCES E. CAFARELL, Clerk