| DR. JOHN CHONG-HWAN WEE V NATIONAL GRID, JOHN J. WEISBECK, |
| Motion No: NOS. CA 11-01434, CA 11-01435, AND CA 11-02326 |
| Slip Opinion No: 2011 NY Slip Op 92343(U) |
| Decided on December 8, 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 11-01434, CA 11-01435, AND CA 11-02326
| DR. JOHN CHONG-HWAN WEE, PLAINTIFF-APPELLANT, V NATIONAL
GRID, JOHN J. WEISBECK, ET AL., DEFENDANTS-RESPONDENTS. |
Appellant having moved to consolidate the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Genesee on September 16, 2011 (Docket No. CA 11-02326 [appeal No. 3]), with the appeals from orders of said court entered March 18, 2011 (Docket No. CA 11-01434 [appeal No. 1]), and March 25, 2011 (Docket No. CA 11-01435 [appeal No. 2]), and to extend the time to perfect those appeals, and
Respondents having cross-moved to dismiss both appeal No. 3 and appellant's motions,
Now, upon reading and filing the affidavits of John Chong-Hwan Wee sworn to November 17, 2011, the affirmation of Erica M. DiRenzo, Esq., dated November 23, 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 appellant's motion insofar as it seeks to consolidate the appeals is granted and the appeals from the orders entered March 18, 2011, March 25, 2011, and September 16, 2011, are hereby consolidated for the purposes of perfecting and arguing the appeals, and
It is further ORDERED that the motion insofar as it seeks to extend the time to perfect appeal Nos. 1 and 2 is granted to the extent that the first ordering paragraph of the order of this Court entered October 26, 2011, is hereby amended by deleting the date November 25, 2011, and inserting in its place the date February 6, 2012, and
It is further ORDERED that appellant's motion insofar as it seeks an extension of time to perfect appeal No. 3 is denied as premature (see 22 NYCRR 1000.13 [f]), and
It is further ORDERED that respondents' cross motion to dismiss appeal No. 3 is denied with leave to renew at oral argument, and
It is further ORDERED that the remainder of the cross motion is denied.
Memorandum: No further extensions of time to perfect the appeals from the orders entered March 18, 2011, and March 23, 2011, will be granted.
Entered: December 8, 2011
Patricia L. Morgan, Clerk