GRIFFITH OIL COMPANY, INC., BIG FLATS REALTY, INC., AND E. PHILLIP SAUNDERS, AS TRUSTEE V NATIONAL UNION FIRE INSURANCE
Motion No: NOS. CA 08-00930 AND CA 08-02656
Slip Opinion No: 2009 NYSlipOp 60804(U)
Decided on January 14, 2009
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.


January 14, 2009

PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.

DOCKET NOS. CA 08-00930 AND CA 08-02656

GRIFFITH OIL COMPANY, INC., BIG FLATS REALTY, INC., AND

E. PHILLIP SAUNDERS, AS TRUSTEE, PLAINTIFFS-APPELLANTS,

V

NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA.,

DEFENDANT-RESPONDENT,

ET AL., DEFENDANTS.


Appellants having moved to consolidate the appeals taken from orders of the Supreme Court entered in the Office of the Clerk of the County of Monroe on March 26, 2008 and July 17, 2008, for an extension of time to perfect the appeals, and for other such relief,

Now, upon reading and filing the affirmation of Alan J. Knauf dated December 26, 2008, the notice of motion with proof of service thereof, the affirmation of Michael J. Fleming dated December 31, 2008, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, granted, the appeals from the orders entered March 26, 2008 and July 17, 2008 are hereby consolidated for the purposes of perfecting and arguing the appeals, appellant shall perfect the appeals on or before February 13, 2009 and, in the event of failure to so perfect, the appeals are hereby dismissed without further other, and the motion is otherwise dismissed as unnecessary.

Entered: January 14, 2009

JoAnn M. Wahl, Clerk