| RICHARD H. TURNMIRE V CONCRETE APPLIED TECHNOLOGIES CORPORATION, DOING BUSINESS AS CATCO, URS CORPORATION, COUNTY OF |
| Motion No: NOS. CA 07-02350 AND CA 07-02351 |
| Slip Opinion No: 2007 NYSlipOp 84694(U) |
| Decided on November 27, 2007 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: SCUDDER, P.J., HURLBUTT, GORSKI, MARTOCHE, AND SMITH, JJ.
DOCKET NOS. CA 07-02350 AND CA 07-02351
| RICHARD H. TURNMIRE, PLAINTIFF-RESPONDENT, V CONCRETE
APPLIED TECHNOLOGIES CORPORATION, DOING BUSINESS AS CATCO, URS CORPORATION, COUNTY OF ERIE, DEFENDANTS-APPELLANTS, ET AL,
DEFENDANT. (APPEAL NO. 1.) RICHARD H. TURNMIRE, PLAINTIFF-RESPONDENT, V CONCRETE APPLIED TECHNOLOGIES
CORPORATION, DOING BUSINESS AS CATCO, URS CORPORATION, DEFENDANTS-APPELLANTS, ET AL., DEFENDANTS. (APPEAL NO.
2.) |
Appellants Concrete Applied Technologies Corporation and URS Corporation having moved to consolidate the appeals taken from orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on January 26, 2007 and October 19, 2007, for an extension of time to perfect the appeals, and for other relief,
Now, upon reading and filing the affidavit of Mark J. Schaefer sworn to
November 7, 2007, the affirmation of Peter L. Powers dated November 7, 2007, the notices of motion with proof of service thereof, the supplemental affidavit of Mark J. Schaefer sworn to November 14, 2007, the opposing affidavit of Eugene C. Tenney sworn to November 15, 2007, and due deliberation having been had thereon,
It is hereby ORDERED that the motions be, and the same hereby are, granted to the extent that the appeals from the orders entered January 26, 2007 and October 19, 2007 are hereby consolidated for the purposes of perfecting and arguing the appeals, appellants shall perfect the appeals on or before January 28, 2008 and, in the event of failure to so perfect, the appeals are hereby dismissed without further order, and the motions are otherwise denied.
DOCKET NOS. CA 07-02350 AND CA 07-02351 PAGE 2
PRESENT: SCUDDER, P.J., HURLBUTT, GORSKI, MARTOCHE, AND SMITH, JJ.
Memorandum: Pursuant to 22 NYCRR 1000.4 (a) (i) (ii), the contents of the record on appeal must be settled by Supreme Court. If that court does not include all of the documents that were before it when it determined the parties' motions and cross motion, this Court will take judicial notice of any omitted documents.
Entered: November 27, 2007
JoAnn M. Wahl, Clerk