VERIZON NEW YORK, INC. V LABARGE BROTHERS COMPANY, INC. VERIZON NEW YORK, INC. V LABARGE BROTHERS COMPANY, INC.
Motion No: CA 10-01099
Slip Opinion No: 2010 NY Slip Op 73909(U)
Decided on June 8, 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.


June 8, 2010

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

DOCKET NO. CA 10-01099
DOCKET NO. CA 10-01101

VERIZON NEW YORK, INC., PLAINTIFF-APPELLANT,

V

LABARGE BROTHERS COMPANY, INC.,

DEFENDANT-RESPONDENT. (APPEAL NO. 1.)

VERIZON NEW YORK, INC., PLAINTIFF-APPELLANT,

V

LABARGE BROTHERS COMPANY, INC.,

DEFENDANT-RESPONDENT. (APPEAL NO. 2.)


Appellant having moved to consolidate and extend the time to perfect the appeals taken from orders of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on August 6, 2009 and March 4, 2010,

Now, upon reading and filing the affidavit of James C. Cosgove, Esq. sworn to March 19, 2010, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks consolidation of the appeals is granted and the appeals from the orders entered August 6, 2009 and March 4, 2010 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 extend the time to perfect the appeals is granted and the appellant shall perfect the consolidated appeals on or before August 9, 2010 and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: June 8, 2010

Patricia L. Morgan, Clerk