Opinion
Motion No: 512589
08-11-2011
SUZANNE WOLFE et al., Individually and as Parents and Guardians of BRANDEN WOLFE, an Infant, Respondents-Appellants, v. WILLIAM HATCH et al., Appellants-Respondents, and CHARLIE TIRONE et al., Respondents.
DECISION AND ORDER ON MOTION
Motion to dismiss appeals taken by defendants William Hatch and Evan Hatch for failure of prosecution or, in the alternative, to consolidate said appeals with cross appeal taken by plaintiffs.
Motion to dismiss cross appeal taken by plaintiffs for failure of prosecution.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the cross appeal taken by plaintiffs is dismissed, without costs, unless plaintiffs shall file and serve the record on appeal and brief on or before October 11, 2011, in which event the motion to dismiss the cross appeal is denied, and it is further
ORDERED that the appeals taken by defendants William Hatch and Evan Hatch are dismissed, without costs, unless said defendants shall file and serve their briefs, which shall also contain the points of argument on their appeals, on or before November 10, 2011, in which event the motion to dismiss the appeals is denied, and it is further
ORDERED that the motion to consolidate the appeals is granted, without costs, to the extent that the cross appeal and the appeals shall be heard together and may be perfected upon a joint record on appeal to be filed and served by plaintiffs.
MERCURE, J.P., LAHTINEN, KAVANAGH and McCARTHY, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court