| MICRO-LINK, LLC V TOWN OF AMHERST MICRO-LINK, LLC V TOWN OF AMHERST (APPEAL NO. 2.) |
| Motion No: CA 12-02346 |
| Slip Opinion No: 2012 NY Slip Op 95093(U) |
| Decided on December 28, 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. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 12-02346
DOCKET NO. CA 12-02347
| MICRO-LINK, LLC, PLAINTIFF-APPELLANT, V TOWN OF
AMHERST, DEFENDANT-RESPONDENT. (APPEAL NO. 1.) MICRO-LINK, LLC, PLAINTIFF-APPELLANT, V TOWN OF AMHERST,
DEFENDANT-RESPONDENT. (APPEAL NO. 2.) |
Appellant having moved to consolidate the appeals taken herein from an order and a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on February 8, 2012 (appeal No. 1), and March 22, 2012 (appeal No. 2), and having moved for an extension of time to perfect the appeal from the order entered February 8, 2012,
Now, upon reading and filing the affirmation of David A. Pellegrino, Esq., dated December 10, 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 from the order and the judgment entered February 8, 2012, and March 22, 2012, is granted and the appeals are hereby consolidated for the purposes of perfecting and arguing the appeals, and
It is further ORDERED that the motion insofar as it seeks an extension of time to perfect the appeal from the order entered February 8, 2012, is granted and appellant shall perfect the appeal on or before January 24, 2013, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: December 28, 2012
Frances E. Cafarell, Clerk