| DEERE & COMPANY V M.P. JONES COMPANIES, INC., MELISSA A. HORNUNG AND RICHARD R. JONES |
| Motion No: NOS. CA 11-00572 AND CA 11-00679 |
| Slip Opinion No: 2011 NY Slip Op 71037(U) |
| Decided on April 21, 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. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NOS. CA 11-00572 AND CA 11-00679
| DEERE & COMPANY, PLAINTIFF-RESPONDENT, V M.P. JONES COMPANIES,
INC., MELISSA A. HORNUNG AND RICHARD R. JONES, DEFENDANTS-APPELLANTS. |
Respondent having moved to dismiss the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on November 22, 2010, on the ground that appellants have failed to perfect timely the appeal, and appellants having cross-moved to consolidate the aforementioned appeal with the appeal taken from an order of the Supreme Count entered in the Office of the Clerk of the County of Onondaga on January 19, 2011,
Now, upon reading and filing the affidavit of Jennifer E. Mathews, Esq. sworn to March 15, 2011, the affidavit of Gilles R. R. Abitbol, Esq. sworn to March 28, 2011, and 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 appeal from the order entered November 22, 2011, is dismissed without further order unless the appeal is perfected on or before June 20, 2011, and
It is further ORDERED that the cross motion insofar as it seeks to consolidate the appeals is granted, and the appeals from the orders entered November 22, 2010, and January 19, 2011, are hereby consolidated for the purposes of perfecting and arguing the appeals.
Entered: April 21, 2011
Patricia L. Morgan, Clerk