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

DOCKET NO. CA 10-01313
DOCKET NO. CA 10-01686

MURRAY J.S. KIRSHTEIN, AS GUARDIAN AND AS ADMINISTRATOR OF THE ESTATE OF GEORGE J. TAPPER, DECEASED, PLAINTIFF-RESPONDENT, V AMERICU CREDIT UNION (FORMERLY UPSTATE FEDERAL CREDIT UNION), DEFENDANT/THIRD-PARTY PLANTIFF-APPELLANT, AND JOHN MATRULLI, DEFENDANT, V CUMIS INSURANCE SOCIETY, INC., AND MURRAY J.S. KIRSHTEIN, INDIVIDUALLY, THIRD-PARTY DEFENDANTS. MURRAY J.S. KIRSHTEIN, AS ADMINISTRATOR OF THE ESTATE OF GEORGE J. TAPPER, DECEASED, PLAINTIFF-RESPONDENT, V GENERAL ELECTRIC COMPANY, LOEWS CORPORATION, AND AND WACHOVIA CORPORATION, DEFENDANTS-APPELLANTS, TALLEY INDUSTRIES, INC., CHASE MELLON SHAREHOLDERS SERVICES, LLC AS AGENT FOR TALLEY INDUSTRIES, INC., TOYS-"R"-US, INC., DEFENDANTS, V AMERICU CREDIT UNION, THIRD-PARTY DEFENDANT-APPELLANT. (APPEAL NO. 1.) MURRAY J.S. KIRSHTEIN, AS GUARDIAN AND AS ADMINISTRATOR OF THE ESTATE OF GEORGE J. TAPPER, DECEASED, PLAINTIFF-RESPONDENT, V AMERICU CREDIT UNION (FORMERLY UPSTATE FEDERAL CREDIT UNION), DEFENDANT/THIRD-PARTY PLANTIFF-APPELLANT, AND JOHN MATRULLI, DEFENDANT, V MURRAY J.S. KIRSHTEIN, INDIVIDUALLY, THIRD-PARTY DEFENDANT. MURRAY J.S. KIRSHTEIN, AS ADMINISTRATOR OF THE ESTATE OF GEORGE J. TAPPER, DECEASED, PLAINTIFF-RESPONDENT, V GENERAL ELECTRIC COMPANY, LOEWS CORPORATION; TALLEY INDUSTRIES, INC.; CHASE MELLON SHAREHOLDERS SERVICES,LLC, AS AGENT FOR TALLEY INDUSTRIES, INC.; AND WACHOVIA CORPORATION, DEFENDANTS, TOYS-"R"-US, INC.,DEFENDANTS-APPELLANTS. (APPEAL NO. 2.)

Appellants AmeriCU Credit Union, General Electric Company, Lowes Corporation, Wachovia Corporation, and Toys-"R"-Us, Inc. having moved to consolidate the appeals taken herein from judgments of the Supreme Court entered in the Office of the Clerk of the County of Oneida on January 20, 2010 and March 31, 2010, and for an extension of time to perfect the consolidated appeals,

Now, upon reading and filing the affirmation of John A. Nasto, Jr., Esq. dated August 12, 2010, the statement of Michael B. Oshins, Esq. dated August 18, 2010, the notice of motion with proof of service thereof, the statement of Vincent J. Rossi, Jr., Esq. dated August 13, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted and the appeals taken herein from the judgments entered January 20, 2010, and March 31, 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 an extension of time to perfect the consolidated appeals is granted and appellant shall perfect the appeals on or before September 30, 2010 and, in the event of failure to so perfect, the appeals are hereby dismissed without further order, and

It is further ORDERED that the ordering paragraph of the order of this Court entered June 30, 2010 is hereby amended by deleting the date August 30, 2010 and inserting in its place the date September 30, 2010.

Entered: September 16, 2010

Patricia L. Morgan, Clerk