VISION DEVELOPMENT, INC. V RUBY TUESDAYS, INC.
Motion No: NOS. CA 10-02332, CA 10-02478, AND CA 10-02479
Slip Opinion No: 2011 NY Slip Op 63016(U)
Decided on January 31, 2011
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.


January 31, 2011

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

DOCKET NOS. CA 10-02332, CA 10-02478, AND CA 10-02479

VISION DEVELOPMENT, INC., PLAINTIFF-RESPONDENT,

V

RUBY TUESDAYS, INC., DEFENDANT-APPELLANT.


Appellant having moved to consolidate the appeals and for an extension of time to perfect the appeals taken herein from orders and a judgment of the Supreme Court entered in the Office of the Clerk of the County of Jefferson on February 25, 2010, April 6, 2010, and April 28, 2010,

Now, upon reading and filing the affidavit of Robert M. Travisano, Esq. sworn to December 10, 2010, and 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 orders and judgment entered February 25, 2010, April 6, 2010, and April 28, 2010, are consolidated for 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 appeals is granted and appellant shall perfect the appeals on or before March 21, 2011, and, in the event of failure to so perfect, the appeals are hereby dismissed without further order.

Entered: January 31, 2011

Patricia L. Morgan, Clerk