Opinion
Motion No: CA 11-00595 DOCKET NO. CA 11-00596 DOCKET NO. CA 11-02012
10-24-2011
DANA JUHASZ, PLAINTIFF-RESPONDENT, v. STEPHEN JUHASZ, DEFENDANT-APPELLANT. (APPEAL NO. 1.) DANA JUHASZ, PLAINTIFF-RESPONDENT, v. STEPHEN JUHASZ, DEFENDANT-APPELLANT. (APPEAL NO. 2.) DANA JUHASZ, PLAINTIFF-APPELLANT, v. STEPHEN JUHASZ, DEFENDANT-RESPONDENT. (APPEAL NO. 3.)
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Plaintiff having moved for an extension of time to file and serve a respondent's brief on the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on June 17, 2010 (Appeal No. 1), and February 25, 2011 (Appeal No. 2), and having moved to consolidate the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on August 12, 2011 (Appeal No. 3), with the appeals from the orders entered June 17, 2010, and February 25, 2011,
Now, upon reading and filing the affirmation of Kimberly A. Colaiacovo, Esq., dated October 3, 2011, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks an extension of time to file and serve a brief on the appeals from orders entered June 17, 2010, and February 25, 2011 is granted on the condition that the brief is filed and served on or before November 9, 2011, and the Clerk is directed to accept the brief for filing, and
It is further ORDERED that reply briefs, if any, shall be filed and served on or before November 24, 2011, and
It is further ORDERED that the motion insofar as it seeks to consolidate the appeal from the order entered August 12, 2011, with the appeals from orders entered June 17, 2010, and February 25, 2011, is denied.
Memorandum: Plaintiff's remedy is to perfect the unperfected appeal and then to move to reschedule the appeals so that they can all be heard and determined together.
Patricia L. Morgan, Clerk