| DAVID SZMANIA AND DEBORAH SZMANIA, CLAIMANTS- V STATE OF NEW YORK DAVID SZMANIA AND DEBORAH SZMANIA, CLAIMANTS- V |
| Motion No: CA 10-00987 |
| Slip Opinion No: 2010 NY Slip Op 73929(U) |
| Decided on June 02, 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., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.
DOCKET NO. CA 10-00987
DOCKET NO. CA 10-00989
| DAVID SZMANIA AND DEBORAH SZMANIA, CLAIMANTS-APPELLANTS V
STATE OF NEW YORK, DEFENDANT-RESPONDENT. (APPEAL NO. 1.) DAVID SZMANIA AND DEBORAH SZMANIA, CLAIMANTS-APPELLANTS V
STATE OF NEW YORK, DEFENDANT-RESPONDENT. (APPEAL NO. 2.) |
Appellants having moved to consolidate the appeals and extend their time to perfect the appeals taken from orders of the Court of Claims entered in the Office of the Clerk of said Court on January 22, 2009 and August 27, 2009,
Now, upon reading and filing the affidavit of John A. Collins, Esq. sworn to May 5, 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 to consolidate the appeals is granted and the appeals from the orders entered January 22, 2009 and August 27, 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 an extension of time to perfect the consolidated appeals is granted and appellants shall perfect the appeals on or before August 1, 2010 and, in the event of failure to so perfect, the appeals are hereby dismissed without further order.
Entered: June 02, 2010
Patricia L. Morgan, Clerk