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Appellate Term, Second Department: May 23, 2018

Appellate Term, Second Department: May 23, 2018

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Second, Eleventh and Thirteenth JudicIal DistrictsCases released on: May 23, 2018

By: Pesce, P.J., Aliotta, Elliot, JJ.2017-1096 Q C. STEPHENS v. TRI-STATE INS. CO. — Motion by appellant to dismiss an appeal from a judgment of the Civil Court of the City of New York, Queens County, entered April 7, 2017, for failure to prosecute and, in effect, to consolidate the above-enumerated appeal with an appeal from an amended judgment of the same court entered February 23, 2018 (appeal No. 2018-812 Q C). Separate motion by appellant for an enlargement of time to perfect the above-enumerated appeal.Upon the papers filed in support of the motion and the papers filed in opposition thereto, it isORDERED, on the court’s own motion, that respondent’s motion and appellant’s motion are consolidated for purposes of disposition; and it is further,ORDERED, on the court’s own motion, that the appeal from the judgment entered April 7, 2017 (appeal No. 2017-1096 Q C) is dismissed, as that judgment was superseded by the amended judgment entered February 23, 2018; and it is further,ORDERED that respondent’s motion is denied as academic; and it is further,ORDERED that appellant’s motion is denied as academic.

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