ROUTE 104 & ROUTE 21 DEVELOPMENT, INC. V CHEVRON USA, INC. , AND WILLIAM J. ALLEN, JR. ROUTE 104 & ROUTE 21
Motion No: CA 11-02424
Slip Opinion No: 2012 NY Slip Op 62995(U)
Decided on January 30, 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 30, 2012

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
DOCKET NO. CA 12-00083

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.)

ROUTE 104 & ROUTE 21 DEVELOPMENT, INC.,

PLAINTIFF-RESPONDENT-APPELLANT,

V

CHEVRON U.S.A., INC. AND

DAVID VAN LIERE, DEFENDANTS,

E. AND V. ENERGY CORPORATION,

WILLIAM J. ALLEN JR., AND

TRAVELERS INSURANCE COMPANY,

DEFENDANTS-APPELLANTS-RESPONDENTS.

(APPEAL NO. 7.)


Plaintiff having moved for consolidation of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Wayne on December 12, 2011 (Docket No. CA 12-00083), with the consolidated 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), and for an extension of time to perfect the appeals from the orders entered February 18, 2011, February 23, 2011, March 7, 2011, and May 24, 2011,

Now, upon reading and filing the affirmation of Alan J. Knauf, Esq., dated January 11, 2012, 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 to the extent that the appeals from said orders and judgment entered February 18, 2011, February 23, 2011, March 7, 2011, May 24, 2011, and December 12, 2011, are hereby consolidated for the purposes of perfecting and arguing the appeals, and

It is further ORDERED that the motion for an extension of time to perfect plaintiff's appeals is granted to the extent that the second ordering paragraph of the order of this Court entered December 16, 2011, is hereby amended by deleting the date February 21, 2012, and inserting in its place the date April 23, 2012, and

It is further ORDERED that the third ordering paragraph of this Court's order entered December 16, 2011, is amended by deleting the dated March 27, 2012, and inserting in its place the date May 29, 2012.

Entered: January 30, 2012

Frances E. Cafarell, Clerk