THOMAS A. ELDRIDGE, DANIEL L. ELDRIDGE, DAVID T. ELDRIDGE, PETER A. ELDRIDGE V VINCENT P. SHAW AND MARTHA M. SHAW
Motion No: CA 11-02065
Slip Opinion No: 2012 NY Slip Op 62952(U)
Decided on January 27, 2012
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.


January 27, 2012

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

DOCKET NO. CA 11-02065
DOCKET NO. CA 12-00082

THOMAS A. ELDRIDGE, DANIEL L. ELDRIDGE,

DAVID T. ELDRIDGE, PETER A. ELDRIDGE,

PLAINTIFFS-APPELLANTS,

V

VINCENT P. SHAW AND MARTHA M. SHAW,

DEFENDANTS-RESPONDENTS.

(APPEAL NO. 1.)

THOMAS A. ELDRIDGE, DANIEL L. ELDRIDGE,

DAVID T. ELDRIDGE, PETER A. ELDRIDGE,

PLAINTIFFS-APPELLANTS,

V

VINCENT P. SHAW AND MARTHA M. SHAW,

DEFENDANTS-RESPONDENTS.

(APPEAL NO. 2.)


Appellants having moved for an extension of time to perfect the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Cayuga on January 28, 2011 (appeal No. 1), and to consolidate the appeal from the order entered January 28, 2011, with the appeal from the order of said court entered on January 6, 2012 (appeal No. 2),

Now, upon reading and filing the affidavit of Carl Joseph DePalma, Esq., sworn to January 11, 2012, the notice of motion with proof of service thereof, and the affidavit of Earle E. Thurston, Esq. sworn to January 18, 2012, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks an extension of time to perfect the appeal from the order entered January 28, 2011, is granted to the extent that the ordering paragraph of the order of this Court entered October 28, 2011, is hereby amended by deleting the date January 13, 2012, and inserting in its place the date March 13, 2012, and

It is further ORDERED that the motion insofar as it seeks to consolidate the appeals is granted and the appeals taken from the orders entered January 28, 2011, and January 6, 2012, are hereby consolidated for the purposes of perfecting and arguing the appeals.

Entered: January 27, 2012

Frances E. Cafarell, Clerk