AJAY GLASS & MIRROR CO., INC. V AASHA G.C., INC., BARRY HALBRITTER AND HUNT CONSTRUCTION GROUP, INC.
Motion No: NOS. CA 10-01661, CA 10-01662, CA 10-01663, AND CA 10-01664
Slip Opinion No: 2010 NY Slip Op 80617(U)
Decided on August 19, 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.


August 19, 2010

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

DOCKET NOS. CA 10-01661, CA 10-01662, CA 10-01663, AND CA 10-01664

AJAY GLASS & MIRROR CO., INC., PLAINTIFF-RESPONDENT,

V

AASHA G.C., INC., BARRY HALBRITTER, DEFENDANTS-RESPONDENTS, AND

HUNT CONSTRUCTION GROUP, INC., DEFENDANT-APPELLANT.


Defendants Aasha G.C., Inc. and Barry Halbritter having moved to dismiss the appeals taken from orders and a judgment of the Supreme Court entered in the Office of the Clerk of the County of Monroe on January 8, 2010 (CA 10-01661), January 21, 2010 (CA 10-01662), February 16, 2010 (CA 10-01663), and March 29, 2010 (CA 10-01664), on the ground that appellant has failed to perfect timely the appeal, and

Appellant Hunt Construction Group, Inc. having cross-moved to consolidate the appeals from the same orders and judgment,

Now, upon reading and filing the affidavit of Julian B. Modesti, Esq. sworn to August 5, 2010, the affirmation of Janet D. Callahan, Esq. dated August 12, 2010, the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted and the appeals are dismissed without further order unless the appeals are perfected on or before October 18, 2010, and

It is further ORDERED that the cross motion insofar as it seeks to consolidate the appeals is granted, and the appeals taken from the orders and judgment entered January 8, 2010, January 21, 2010, February 16, 2010, and March 29, 2010, are hereby consolidated for the purposes of perfecting and arguing the appeals.

Entered: August 19, 2010

Patricia L. Morgan, Clerk