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

DOCKET NO. CA 13-00749
DOCKET NO. CA 13-00755

EAST2WEST CONSTRUCTION COMPANY, LLC AND DAVID P. DURKIN, PLAINTIFFS-APPELLANTS, V THE FIRST REPUBLIC CORPORATION OF AMERICA, HARRY BERGMAN, JOHN E. SILVERMAN, JAMES M. GALLAGHER, THE HOLDER GROUP, INC., DREW HOLDER ALSO KNOWN AS ANDREW A. HOLDER, BETH LATOUR ALSO KNOWN AS ELIZABETH LATOUR COLLINS, QUINLIVAN, PIERIK & KRAUSE A/E DOING BUSINESS AS QPK DESIGNS, VINCENT NICOTRA, LINDA K. STORRINGS, GYPSUM WHOLESALERS, INC., SSG DOOR & HARDWARE INC., THE SHERWIN-WILLIAMS COMPANY, WESCO DISTRIBUTION, INC., UPSTATE MECHANICAL INC., ANGELO CHIODO HEATING A/C & REFRIGERATION, ROBINSON ROLL OFF, LLC, SUNBELT RENTALS, INC., DAVIS ULMER SPRINKLER CO., INC., SALT ROAD ENTERPRISES, WARD STEEL COMPANY, INC., ONONDAGA CONSTRUCTION SYSTEMS, INC., DWYER FIRE PROTECTION COMPANY, INC, DAN BACKUS, JR. DOING BUSINESS AS MPD COMPANY, SULLIVAN CONTRACTING, INC., BUTLER FENCE CO., INC., COMMERCIAL DISPLAY & DESIGN, LLC, PENTEL DRYWALL, INC., LAKECOUNTRY CONSTRUCTION & C0NTOUR, LLC, C & R PAVING, CORP., LEC, INC., JOHN DOE ONE, JOHN DOE TWO, JOHN DOE THREE, DEFENDANTS-RESPONDENTS. (APPEAL NO. 1.) EAST2WEST CONSTRUCTION COMPANY, LLC AND DAVID P. DURKIN, PLAINTIFFS-APPELLANTS, V THE FIRST REPUBLIC CORPORATION OF AMERICA, HARRY BERGMAN, JOHN E. SILVERMAN, JAMES M. GALLAGHER, THE HOLDER GROUP, INC., DREW HOLDER ALSO KNOWN AS ANDREW A. HOLDER, BETH LATOUR ALSO KNOWN AS ELIZABETH LATOUR COLLINS, QUINLIVAN, PIERIK & KRAUSE A/E DOING BUSINESS AS QPK DESIGNS, VINCENT NICOTRA, LINDA K. STORRINGS, GYPSUM WHOLESALERS, INC., SSG DOOR & HARDWARE INC., THE SHERWIN-WILLIAMS COMPANY, WESCO DISTRIBUTION, INC., UPSTATE MECHANICAL, INC., ANGELO CHIODO HEATING A/C & REFRIGERATION, ROBINSON ROLL OFF, LLC, SUNBELT RENTALS, INC., DAVIS ULMER SPRINKLER CO., INC., SALT ROAD ENTERPRISES, WARD STEEL COMPANY, INC., ONONDAGA CONSTRUCTION SYSTEMS, INC., DWYER FIRE PROTECTION COMPANY, INC., DAN BACKUS, JR. DOING BUSINESS AS MPD COMPANY, SULLIVAN CONTRACTING, INC., BUTLER FENCE CO., INC., COMMERCIAL DISPLAY & DESIGN, LLC, PENTEL DRYWALL, INC., LAKECOUNTRY CONSTRUCTION & C0NTOUR, LLC, C & R PAVING, CORP., LEC, INC., JOHN DOE ONE, JOHN DOE TWO, JOHN DOE THREE, DEFENDANTS-RESPONDENTS. (APPEAL NO. 2.)

Respondents The First Republic Corporation of America, Harry Bergman, John E. Silverman, James M. Gallagher, the Holder Group, Drew Holder also known as Andrew A. Holder, Beth Latour also known as Elizabeth Latour Collins having moved to dismiss the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on October 24, 2012 (appeal No. 1), and January 24, 2013 (appeal No. 2), on the ground that appellants have failed to perfect timely the appeals, and

Respondents Quinlivan, Pierik & Krause A/E doing business as QPK Designs, Vincent Nicotra and Linda Storrings having moved to dismiss the appeal taken herein from an order entered October 24, 2012 (appeal No. 1), and

Appellants having cross-moved to consolidate the appeals taken herein from the orders of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on October 24, 2012, and January 24, 2013,

Now, upon reading and filing the affidavits of Julian B. Modesti, Esq., sworn to April 23, 2013, and April 24, 2013, the affirmation of Samuel M. Vulcano, Esq., dated April 26, 2013, and the affirmation of Mario D'Arrigo, Esq., dated April 30, 2013, 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 the motions insofar as they seek to dismiss the respective appeals taken from orders entered October 24, 2012, and January 24, 2013, are granted and the appeals are dismissed without further order unless the appeals are perfected on or before July 23, 2013, and

It is further ORDERED that the cross motion insofar as they seek to consolidate the appeals is granted, and the appeals taken from the orders entered October 24, 2012, and January 24, 2013, are hereby consolidated for the purposes of perfecting and arguing the appeals.

Entered: May 24, 2013

Frances E. Cafarell, Clerk