Opinion
DOCKET NO. CA 14-00018 DOCKET NO. CA 14-00019 DOCKET NO. CA 14-00020
02-04-2014
MELISSA LAZAR, PLAINTIFF-RESPONDENT, v. BARRY D. LAZAR, DEFENDANT-APPELLANT. (APPEAL NO. 1.) MELISSA LAZAR, PLAINTIFF-RESPONDENT, v. BARRY D. LAZAR, DEFENDANT-APPELLANT. (APPEAL NO. 2.) MELISSA LAZAR, PLAINTIFF-RESPONDENT, v. BARRY D. LAZAR, DEFENDANT-APPELLANT. (APPEAL NO. 3.)
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Appellant having moved to vacate dismissal of the appeals taken herein from an order and an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on March 30, 2012 (appeal No. 1), and April 16, 2012 (appeal No. 2), and having moved to consolidate appeal Nos. 1 and 2 with an appeal taken from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on June 10, 2013 (appeal No. 3),
Now, upon reading and filing the affidavit of James P. Renda, Esq., sworn to January 15, 2014, the notice of motion with proof of service thereof, and the affidavit of John A. Collins, Esq., sworn to January 21, 2014, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to vacate dismissal of appeal Nos. 1 and 2 is granted, on the condition that appellant perfects the appeals on or before March 27, 2014, and
It is further ORDERED that the motion is granted insofar as it seeks to consolidate appeal Nos. 1, 2 and 3, and those appeals are hereby consolidated for the purposes of perfecting and arguing those appeals.
Frances E. Cafarell, Clerk