Opinion
520257 520507 521275
07-27-2015
STEVEN ROSEN, Respondent-Appellant, v. KATHERINE MOSBY, Appellant-Respondent.
DECISION AND ORDER ON MOTION
Motion by plaintiff to consolidate, for extension of time to perfect appeals taken by plaintiff and to designate defendant as appellant.
Cross motion by defendant to dismiss appeal taken by plaintiff from order of Supreme Court dated July 31, 2014 as untimely or for failure of prosecution, to dismiss appeal taken by plaintiff from order of Supreme Court dated September 26, 2014 as unappealable, for costs, expenses and counsel fees or for extension of time to perfect appeal taken by defendant and for further relief.
Upon the papers filed in support of the motion and the cross motion and the papers filed in opposition thereto, it is
ORDERED that the cross motion to dismiss the appeal taken by plaintiff from the order of Supreme Court dated July 31, 2014 as untimely is denied (CPLR 5520 [a]), without costs, and it is further
ORDERED that the cross motion to dismiss the appeal taken by plaintiff from the order of Supreme Court dated September 26, 2014 as unappealable is denied, without costs, and without prejudice to the issue involved being raised upon the argument of the appeals, and it is further
ORDERED that the motion by plaintiff for an extension of time to perfect the appeals taken by plaintiff is granted, without costs, and the time to perfect said appeals is extended to September 25, 2015, and it is further
ORDERED that the motion to consolidate the appeals taken by notices of appeal dated May 12, 2014, September 9, 2014, November 6, 2014, February 13, 2015 and June 22, 2015 is granted, without costs, to the extent that the appeals shall be heard together and may be perfected upon a joint record on appeal and a joint brief by plaintiff and a joint brief by defendant, and it is further
ORDERED that the motion to designate defendant as appellant is denied, without costs, and it is further
ORDERED that the appeal taken by plaintiff from the order of Supreme Court dated July 31, 2014 is dismissed, without costs, unless plaintiff shall file and serve a record on appeal and brief on or before September 25, 2015, in which event the cross motion to dismiss said appeal for failure of prosecution is denied, without costs, and it is further
ORDERED that the cross motion by defendant for an extension of time to perfect her appeal is granted, without costs, and the time of defendant to file and serve her answering brief, which shall contain the points of argument on her appeal, is extended to October 26, 2015, and it is further
ORDERED that the cross motion for costs, expenses, counsel fees and for further relief is denied, without costs.
Peters, P.J., Lahtinen, Egan Jr. and Devine, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court