Opinion
CA 20-00536 CA 20-01067
09-16-2020
NS163, LLC, PLAINTIFF-APPELLANT, v. DEAN A. HENDERSON, DEFENDANT-RESPONDENT. (Appeal No. 1.) NS163, LLC, PLAINTIFF-APPELLANT, v. DEAN A. HENDERSON, DEFENDANT-RESPONDENT. (Appeal No. 2.)
PRESENT:
Respondent having moved to dismiss the appeal taken herein from an order of the Supreme Court, Monroe County, entered December 31, 2019 (appeal No. 1), on the ground that the record does not include all of the documents included in the order settling the record, and appellant having cross-moved to consolidate appeal No. 1 with the appeal from the order of the same court entered August 2, 2020 (appeal No. 2),
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is hereby ORDERED that respondent's motion is granted to the extent that the record on appeal No.1 is deemed stricken and appeal No. 1 is dismissed if on or before October 14, 2020, appellant does not file and serve a supplemental record containing those documents included as part of the record in Supreme Court's order settling the record that are not already included in the record filed with this Court, and
It is further ORDERED that respondent's deadline to file and serve a respondent's brief is extended to November 13, 2020, and
It is further ORDERED that appeal No. 1 is removed from the day calendar for October 27, 2020, and added to the term of this Court commencing January 11, 2021, and
It is further ORDERED that appellant's cross motion is granted insofar as it seeks to consolidate the appeals on the condition that the record on appeal No. 2 is filed and served as part of the supplemental record on appeal No. 1 and that appellant's brief in appeal No. 2 is filed and served on or before October 14, 2020, in accordance with this Court's rules.
Entered: September 16, 2020
Mark W. Bennett
Clerk of the Court