Opinion
DOCKET NO. CA 14-02175 DOCKET NO. CA 15-000482
04-14-2015
IN THE MATTER OF PATRICK J. UNDERWOOD, PETITIONER-RESPONDENT, v. BARBARA J. FIALA, NEW YORK STATE COMMISSIONER OF MOTOR VEHICLES, RESPONDENT-APPELLANT, AND ERIC T. SCHNEIDERMAN, NEW YORK STATE ATTORNEY GENERAL, RESPONDENT. (APPEAL NO. 1.) IN THE MATTER OF PATRICK J. UNDERWOOD, PETITIONER-RESPONDENT, v. BARBARA J. FIALA, NEW YORK STATE COMMISSIONER OF MOTOR VEHICLES, RESPONDENT-APPELLANT, AND ERIC T. SCHNEIDERMAN, NEW YORK STATE ATTORNEY GENERAL, RESPONDENT. (APPEAL NO. 2.)
PRESENT: , SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
Appellant having moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on March 10, 2014 (appeal No. 2), and having moved to consolidate the appeal from the order entered March 10, 2014, with an appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on June 3, 2014 (appeal No. 1),
Now, upon reading and filing the affirmation of Jeffrey W. Lang, Esq., dated March 19, 2015, the notice of motion with proof of service thereof, and the affirmation of William G. Pixley, Esq., dated April 1, 2015, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted insofar as it seeks to vacate dismissal of the appeal taken from the order entered March 10, 2014, on the condition that appellant perfects the appeal on or before June 15, 2015, and
It is further ORDERED that the motion insofar as it seeks to consolidate the appeals is denied.
Memorandum: Appellant's remedy is to perfect the unperfected appeal and to move to reschedule either appeal so that the appeals can be heard and determined together.
Entered: April 14, 2015
Frances E. Cafarell, Clerk