Timothy E. Petticrew et Al- v St. Lawrence Cement Inc. et -.

Motion No: 504356

Slip Opinion No: 2008 NYSlipOp 70076(U)

Decided on April 17, 2008

Appellate Division, Third 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.

Decided and Entered: April 17, 2008

Case # 504356

TIMOTHY E. PETTICREW et al, Appellants-Respondents, v ST. LAWRENCE CEMENT, INC., et al., Respondents-Appellants.

DECISION AND ORDER ON MOTION

Motion for extension of time to perfect appeal taken by notice of appeal dated July 9, 2007 and to consolidate appeals.

Cross motion, pursuant to 22 NYCRR 800.9 (e), to designate defendants as appellants.

Upon the papers filed in support of the motion and the cross motion and the papers filed in response and in opposition thereto, it is

ORDERED that the motion for an extension of time to perfect the appeal taken by notice of appeal dated July 9, 2007 is granted, without costs, and the time to perfect the appeal is extended to June 16, 2008, and it is further

ORDERED that the motion to consolidate the appeals is granted, without costs, to the extent that the appeals shall be heard together and may be perfected upon a joint record on appeal, and it is further

ORDERED that the cross motion to designate defendants as appellants is granted, without costs, and defendants are directed to serve their briefs and the record on appeal first.
CARDONA, P.J., SPAIN, ROSE, MALONE JR. and STEIN, JJ., concur.
ENTER:

Michael J. Novack
Clerk of the Court