DAVID H. KERNAN, KATHARINE H. KERNAN, EDWARD W. KERNAN, WILLIAM KERNAN, JR., ANGELA K. WISLER AND WARNICK J. KERNAN V
Motion No: CA 13-02000
Slip Opinion No: 2013 NY Slip Op 91998(U)
Decided on November 20, 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.


November 20, 2013

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

DOCKET NO. CA 13-02000
DOCKET NO. CA 13-02001

DAVID H. KERNAN, KATHARINE H. KERNAN, EDWARD W. KERNAN,

WILLIAM KERNAN, JR., ANGELA K. WISLER AND WARNICK J.

KERNAN, PLAINTIFFS-RESPONDENTS,

V

TRAJANKA WILLIAMS, DEFENDANT-APPELLANT.

(APPEAL NO. 1.)

DAVID H. KERNAN, KATHARINE H. KERNAN, EDWARD W. KERNAN,

WILLIAM KERNAN, JR., ANGELA K. WISLER AND WARNICK J. KERNAN,

PLAINTIFFS-RESPONDENTS,

V

TRAJANKA WILLIAMS, DEFENDANT-APPELLANT.

(APPEAL NO. 2.)


Appellant having moved to consolidate and to extend the time to perfect 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 Jefferson on January 10, 2013 (appeal No. 1), and February 19, 2013 (appeal No. 2),

Now, upon reading and filing the affidavits of Elizabeth deV. Moeller, Esq., sworn to November 1, 2013, and November 14, 2013, the notice of motion with proof of service thereof, and the affidavit of Stephen W. Gebo, Esq., sworn to November 8, 2013, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks to consolidate the appeals is granted and the appeals from the order and the judgment entered January 10, 2013, and February 19, 2013, are hereby consolidated for the purposes of perfecting and arguing the appeals, and

It is hereby ORDERED that the motion is granted insofar as it seeks an extension of time to perfect the appeals, and appellant shall perfect the appeals on or before January 4, 2014, and, in the event of failure to so perfect, the appeals are hereby dismissed without further order.

Entered: November 20, 2013

Frances E. Cafarell, Clerk