Opinion
DOCKET NO. CA 14-00556 DOCKET NO. CA 15-01378
01-13-2016
IN THE MATTER OF STATE OF NEW YORK, PETITIONER-RESPONDENT, v. NUSHAWN WILLIAMS, ALSO KNOWN AS SHYTEEK JOHNSON, RESPONDENT-APPELLANT. (APPEAL NO. 1.) IN THE MATTER OF STATE OF NEW YORK, PETITIONER-RESPONDENT, v. NUSHAWN WILLIAMS ALSO KNOWN AS SHYTEEK JOHNSON, RESPONDENT-APPELLANT. (APPEAL NO. 2.)
PRESENT:
Appellant having moved to expedite the appeal taken herein from an order of Supreme Court entered in the Office of the Clerk of the County of Chautauqua on July 30, 2015 (appeal No. 2), and petitioner having cross-moved to consolidate the aforementioned appeal with the appeal taken herein from an order of Supreme Court entered in the Office of the Clerk of the County of Chautauqua on March 3, 2014 (appeal No. 1), and for an extension of time to file and serve respondent's briefs for both appeals,
Now, upon reading and filing the affirmation of Mark C. Davison, Esq., dated December 1, 2015, the affirmation of Allyson B. Levine, Esq., dated December 9, 2015, and the notices of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that appellant's motion insofar as it seeks to expedite appeal No. 2 is granted, and appeal No. 2 is removed from the term of this Court commencing September 6, 2016, and is added to the term of this Court commencing April 4, 2016, for the purposes of having the appeals argued together, and
It is further ORDERED that petitioner's cross motion insofar as it seeks to consolidate the appeals is denied, and
It is further ORDERED that petitioner's cross motion insofar as it seeks an extension of time to file and serve respondent's briefs is granted on condition that the briefs for each appeal are filed and served on or before February 8, 2016, and the Clerk is directed to accept the brief for filing, and
It is further ORDERED that reply briefs, if any, shall be filed and served on or before February 23, 2016.
Entered: January 13, 2016
Frances E. Cafarell, Clerk