| RUSSELL YOUKER AND WILLIAM YOUKER V VILLAGE OF DOLGEVILLE AND VILLAGE OF DOLGEVILLE POLICE DEPARTMENT MICHAEL SWARTZ |
| Motion No: CA 10-02061 |
| Slip Opinion No: 2011 NY Slip Op 76451(U) |
| Decided on June 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 NO. CA 10-02061
DOCKET NO. CA 11-01199
| RUSSELL YOUKER AND WILLIAM YOUKER, PLAINTIFFS-RESPONDENTS,
V VILLAGE OF DOLGEVILLE AND VILLAGE OF DOLGEVILLE POLICE DEPARTMENT, DEFENDANTS, MICHAEL SWARTZ AND FRANK BEAULIEU,
DEFENDANTS-APPELLANTS. (ACTION NO. 1.) VILLAGE OF DOLGEVILLE, PLAINTIFF, V NEW YORK MUNICIPAL INSURANCE
RECIPROCAL, DEFENDANT. (ACTION NO. 2.) (APPEAL NO. 1.) RUSSELL YOUKER AND WILLIAM YOUKER,
PLAINTIFFS-RESPONDENTS, V VILLAGE OF DOLGEVILLE AND VILLAGE OF DOLGEVILLE POLICE DEPARTMENT, DEFENDANTS-APPELLANTS,
MICHAEL SWARTZ, AND FRANK BEAULIEU, DEFENDANTS. (ACTION NO. 1.)
——————————————————————&
mdash;———— VILLAGE OF DOLGEVILLE, PLAINTIFF, V NEW YORK MUNICIPAL INSURANCE RECIPROCAL,
DEFENDANT. (ACTION NO. 2.) (APPEAL NO. 2.) |
Defendants Village of Dolgeville and Village of Dolgeville Police Department having moved and defendant Frank Beaulieu having cross-moved to consolidate the appeals and for an extension of time to perfect the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Herkimer on August 26, 2010, and November 18, 2010,
Now, upon reading and filing the affidavit of Jacinda H. Conboy, Esq. sworn to June 3, 2011, the affirmation of Jill E. O'Sullivan, Esq. dated June 7, 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 motions insofar as they seek to consolidate the appeals are granted and the appeals from the orders entered August 26, 2010, and November 18, 2010, are hereby consolidated for the purposes of perfecting and arguing the appeals, and
It is further ORDERED that the motions insofar as they seek an extension of time to perfect the appeals from the order entered August 26, 2010, are granted and the appeals shall be perfected on or before August 26, 2011, and, in the event of failure to so perfect, the appeals are hereby dismissed without further order.
Entered: June 21, 2011
Patricia L. Morgan, Clerk