| STEWART M. SHUTE, JR. V ROBERT MCLUSKY AND MICHAEL BLOOM |
| Motion No: NOS. CA 11-00944 AND CA 11-00945 |
| Slip Opinion No: 2011 NY Slip Op 75038(U) |
| Decided on June 6, 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 11-00944 AND CA 11-00945
| STEWART M. SHUTE, JR., PLAINTIFF-APPELLANT, V ROBERT MCLUSKY
AND MICHAEL BLOOM, DEFENDANTS-RESPONDENTS. |
Appellant having moved to consolidate and to extend the time to perfect the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on July 14, 2010 (Docket No. CA 11-00944), and September 9, 2010 (Docket No. 11-00945),
Now, upon reading and filing the affidavits of Elizabeth deV. Moeller, Esq. sworn to April 25, 2011, and May 5, 2011, 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 appeals from the orders entered July 14, 2010, and September 9, 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 appeals is granted to the extent that appellant shall perfect the appealS on or before June 30, 2011, and, in the event of failure to so perfect, the appeals are hereby dismissed without further order.
Entered: June 6, 2011
Patricia L. Morgan, Clerk