| RANDALL WEST V FORTEQ NORTH AMERICA, INC. ENGEL MACHINERY, INC. RANDALL WEST V FORTEQ NORTH AMERICA, INC. , ENGEL |
| Motion No: NOS. CA 10-00345, CA 10-00347, AND CA 10-00348 |
| Slip Opinion No: 2010 NY Slip Op 64251(U) |
| Decided on February 22, 2010 |
| 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., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NOS. CA 10-00345, CA 10-00347, AND CA 10-00348
| RANDALL WEST, PLAINTIFF-APPELLANT, V FORTEQ NORTH AMERICA,
INC., ET AL., DEFENDANTS ENGEL MACHINERY, INC., DEFENDANT-RESPONDENT. (APPEAL NO. 1.) RANDALL WEST, PLAINTIFF-APPELLANT,
V FORTEQ NORTH AMERICA, INC., ET AL., DEFENDANTS, ENGEL MACHINERY, INC., DEFENDANT-RESPONDENT. (APPEAL NO. 2.) RANDALL
WEST, PLAINTIFF-APPELLANT, V FORTEQ NORTH AMERICA, INC., FORTEQ USA, INC., MIKRON CORPORATION ROCHESTER, AXXICON MIKRON
CORPORATION, AXXICON COMPONENTS ROCHESTER, INC., DEFENDANTS-RESPONDENTS, ET AL., DEFENDANTS. (APPEAL NO.
3.) |
Appellant having moved to consolidate the appeals taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on April 30, 2009, August 14, 2009, and October 5, 2009, and granting appellant leave to file a late notice of appeal from the August 14, 2009 order, and an extension of time to perfect and or a set deadline to perfect the consolidated appeals,
Now, upon reading and filing the affirmation of Bradley P. Kammholz dated February 5, 2010, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
DOCKET NOS. CA 10-00345, CA 10-00347, AND CA 10-00348
FEBRUARY 22, 2010
PAGE 2
It is hereby ORDERED that the motion to consolidate is granted and the appeals from the orders entered April 30, 2009, August 14, 2009, and October 5, 2009 are hereby consolidated for the purposes of perfecting and arguing the appeals, and
It is further ORDERED that the motion insofar as it seeks to file a late notice of appeal from the August 14, 2009 order is granted, and the appellant may file the notice of appeal within 30 days of service of a copy of this order with notice of entry (see CPLR 5520 [a]), and
It is further ORDERED that the motion insofar as it seeks an extension of time to perfect the appeals and/or a set deadline for perfection of the consolidated appeals is granted and appellant shall perfect the appeals on or before April 23, 2010 and, in the event of failure to perfect, the appeals are hereby dismissed without further order.
Entered: February 22, 2010
Patricia L. Morgan, Clerk