Opinion
DOCKET NO. CA 16-01332 DOCKET NO. CA 17-00700 DOCKET NO. CA 17-00701
09-11-2017
JOSEPH SKITZKI, PLAINTIFF-RESPONDENT, v. MELISSA NEAL, DEFENDANT-APPELLANT.
PRESENT:
Appellant having moved to stay a scheduled trial in Supreme Court pursuant to CPLR 5519 (c), for permission to file a supplemental record, and for an extension of time to perfect the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on May 12, 2016, October 21, 2016, and February 3, 2017,
Now, upon reading and filing the affidavit of Melissa Neal sworn to August 14, 2017, the notice of motion with proof of service thereof, and the affidavit of Kelly F. Feron, Esq., sworn to August 16, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to stay the trial is denied (see White v City of Jamestown, 242 AD2d 979), and
It is further ORDERED that the motion insofar as it seeks permission to file a supplemental record is denied (see 22 NYCRR 1000.4 [a] [1]; Stewart v Soda, 239 AD2d 966), and
It is further ORDERED that the motion is granted insofar as it seeks an extension of time to perfect appeal No. 1 to the extent that the first ordering paragraph of the order of this Court entered July 10, 2017, is hereby amended by deleting the date August 15, 2017, and inserting in its place the date November 13, 2017, and
It is further ORDERED that the motion is granted insofar as it seeks an extension of time to perfect appeal No. 2 and appellant shall perfect the appeal on or before November 13, 2017, and, in the event of failure to so perfect, appeal No. 2 is hereby dismissed without further order, and
It is further ORDERED that the motion is dismissed as premature insofar as it seeks an extension of time to perfect appeal No. 3 (see 22 NYCRR 1000.13 [f]).
Memorandum: No further extensions of time to perfect appeal No. 1 will be granted.
Entered: September 11, 2017
Frances E. Cafarell, Clerk