| ROSE PARK PLACE, INC., COLUMN DEVELOPMENT, INC., E.L. FREEMAN ROAD, LLC, FRED HANANIA, MARY JO LOBRUTTO, ROGER |
| Motion No: NOS. CA 13-01250 AND CA 13-01251 |
| Slip Opinion No: 2013 NY Slip Op 83701(U) |
| Decided on August 23, 2013 |
| 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 NOS. CA 13-01250 AND CA 13-01251
| ROSE PARK PLACE, INC., COLUMN DEVELOPMENT, INC., E.L.
FREEMAN ROAD, LLC, FRED HANANIA, MARY JO LOBRUTTO, ROGER PASQUARELLA, CLAIMANTS-RESPONDENTS, V STATE OF NEW
YORK, DEFENDANT-APPELLANT. |
Appellant having moved, pursuant to CPLR 5520 (c), for an order treating the notice of appeal dated October 11, 2012, as a valid appeal taken herein from a judgment of the Court of Claims entered in the Office of the Clerk of said court on September 14, 2012 (appeal No. CA 13-01250), having moved to consolidate the appeal from the judgment entered September 14, 2012, with the appeal taken herein from an order of the Court of Claims entered in the Office of the Clerk of said court on April 30, 2013, and having moved for an extension of time to perfect the appeals,
Now, upon reading and filing the affirmations of Owen Demuth, Esq., dated July 1, 2013, and July 15, 2013, and the notices of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion made pursuant to CPLR 5520 (c) is granted insofar as it seeks to treat the notice of appeal dated October 11, 2012, as a valid appeal from the judgment entered September 14, 2012, and
It is further ORDERED the motion that seeks, among other things, to consolidate the appeals is granted to the extent that the appeals from the judgment and the order entered September 14, 2012, and April 30, 2013, are hereby consolidated for the purposes of perfecting and arguing the appeals, and
It is further ORDERED that the motion that seeks, among other things, an extension of time to perfect the appeals is granted with regard to the judgment entered September 14, 2012, and appellant shall perfect that appeal on or before September 11, 2013, and, in the event of failure to so perfect, that appeal will be dismissed without further order, and
It is further ORDERED that the motion that seeks, among other things, an extension of time to perfect the appeal from the order entered April 30, 2013, is otherwise dismissed as premature (see 22 NYCRR 1000.13 [f]).
Entered: August 23, 2013
Frances E. Cafarell, Clerk