Opinion
525203 525204
02-19-2019
DECISION AND ORDER ON MOTION
Motion to strike record on appeal, to dismiss appeal and/or for extension of time to file brief of respondent.
Motion for permission to file additional papers in support of the motion to strike record on appeal, dismiss appeal and/or for extension of time to file brief of respondent.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the motion for permission to file additional papers in support of motion to strike the record on appeal, to dismiss the appeal and/or for a further extension of time to file the brief of respondent is denied, without costs, and it is further
ORDERED that the motion to strike the record on appeal and to dismiss the appeal for failure of prosecution is denied, without costs, and it is further
ORDERED that the appellant shall file a supplemental record in case No. 525204 which shall contain the documents considered by Supreme Court in its decision and order dated January 3, 2017 on or before March 19, 2019, and it is further
ORDERED that the motion to dismiss the appeal as moot in case No. 525204 is denied, without costs, and without prejudice to the issue being raised upon argument of the appeal, and it is further
ORDERED that the motion for an extension of time to file the brief of respondent in case No. 525204 is granted, without costs, and the time is extended to April 19, 2019, and is further
ORDERED that the appeals in case No. 525203 and case No. 525204 shall be heard together.
Garry, P.J., Clark, Devine and Aarons, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court