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

DOCKET NO. CA 11-02424
DOCKET NO. CA 11-02425
DOCKET NO. CA 11-02426
DOCKET NO. CA 11-02427
DOCKET NO. CA 11-02428
DOCKET NO. CA 11-02429

ROUTE 104 & ROUTE 21 DEVELOPMENT, INC., PLAINTIFF-APPELLANT, V CHEVRON USA, INC., ET AL., DEFENDANTS, AND WILLIAM J. ALLEN, JR., DEFENDANT-RESPONDENT. (APPEAL NO. 1.) ROUTE 104 & ROUTE 21 DEVELOPMENT, INC., PLAINTIFF, V CHEVRON USA, INC. ET AL., DEFENDANTS, WILLIAM J. ALLEN, JR., DEFENDANT-RESPONDENT, AND TRAVELERS INSURANCE COMPANY, DEFENDANT-APPELLANT. (APPEAL NO. 2.) ROUTE 104 & ROUTE 21 DEVELOPMENT, INC., PLAINTIFF-RESPONDENT, V CHEVRON USA, INC., ET AL., DEFENDANTS, E. AND V. ENERGY CORPORATION, DAVID VAN LIERE, DEFENDANT-RESPONDENT-APPELLANT, AND TRAVELERS INSURANCE COMPANY, DEFENDANT-RESPONDENT. (APPEAL NO. 3.) ROUTE 104 & ROUTE 21 DEVELOPMENT, INC., PLAINTIFF-RESPONDENT, V CHEVRON USA, INC., ET AL., DEFENDANTS, E. AND V. ENERGY CORPORATION, AND TRAVELERS INSURANCE COMPANY, DEFENDANTS-APPELLANTS. (APPEAL NO. 4.) ROUTE 104 & ROUTE 21 DEVELOPMENT, INC., PLAINTIFF-APPELLANT-RESPONDENT, V CHEVRON USA, INC., DEFENDANT, E. AND V. ENERGY CORPORATION, DAVID VAN LIERE, DEFENDANTS-RESPONDENTS-APPELLANTS, WILLIAM J. ALLEN, JR., AND TRAVELERS INSURANCE COMPANY, DEFENDANTS-RESPONDENTS. (APPEAL NO. 5.) ROUTE 104 & ROUTE 21 DEVELOPMENT, INC., PLAINTIFF-APPELLANT, V CHEVRON USA, INC., ET AL., DEFENDANTS, E. AND V. ENERGY CORPORATION, DEFENDANT-RESPONDENT, AND TRAVELERS INSURANCE COMPANY, DEFENDANT-APPELLANT. (APPEAL NO. 6.)

Plaintiff having moved and defendants E. and V. Energy Corporation and Travelers Insurance Company having cross-moved for consolidation of the appeals taken herein from orders and a judgment of the Supreme Court entered in the Office of the Clerk of the County of Wayne on February 18, 2011 (Docket Nos. CA 11-02424, CA 11-02425, CA 11-02426), February 23, 2011 (Docket No. CA 11-02427), March 7, 2011 (Docket No. CA 11-02428), and May 24, 2011 (Docket No. CA 11-02429), for an extension of time to perfect their appeals, and for other relief,

Now, upon reading and filing the affirmations of Alan J. Knauf, Esq., dated December 1, 2011, and December 5, 2011, the affirmation of Jane G. Kuppermann, Esq. dated December 2, 2011, the affirmation of Dianne C. Bresee, Esq., dated December 8, 2011, the notices of motion and cross motion with proof of service thereof, and the affidavit of Beryl Nusbaum, Esq., sworn to December 6, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion and cross motions are granted to the extent that the appeals from said orders and judgment entered February 18, 2011, February 23, 2011, March 7, 2011, and May 24, 2011 are hereby consolidated for the purposes of perfecting and arguing the appeals, and

It is further ORDERED that plaintiff's motion for an extension of time to perfect the appeals taken from the orders entered February 18, 2011, March 7, 2011, and May 24, 2011, is granted and plaintiff shall perfect the appeals on or before February 21, 2012, and, in the event of failure to so perfect, the appeals are hereby dismissed without further order, and

It is further ORDERED that the cross-motions for an extension of time to perfect the appeals taken from the orders entered February 18, 2011, February 23, 2011, March 7, 2011, and May 24, 2011, are granted to the extent that E. and V. Energy Corporation and Travelers Insurance Company shall perfect their appeals on or before March 27, 2012, and, in the event of failure to so perfect, the appeals are hereby dismissed without further order.

Entered: December 16, 2011

Patricia L. Morgan, Clerk