| Bianchetto v Schumacher Equipment, Inc. |
| Motion No: 2013-03518 |
| Slip Opinion No: 2013 NY Slip Op 92530(U) |
| Decided on November 26, 2013 |
| Appellate Division, Second 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. |
Appellate Division: Second Judicial Department
M165791
E/sl
RUTH C. BALKIN, J.P.
PLUMMER E. LOTT
LEONARD B. AUSTIN
ROBERT J. MILLER, JJ.
|
2013-03518, 2013-07254 William Bianchetto, et al., plaintiffs-respondents, v Schumacher Equipment, Inc., defendant third-party plaintiff-appellant; Risdon International, Inc., third-party defendant-respondent. (Index No. 8489/09)
| DECISION & ORDER ON MOTION |
Motion by the defendant third-party plaintiff-appellant to consolidate appeals from two orders of the Supreme Court, Orange County, dated January 29, 2013, and May 23, 2013, respectively, and to enlarge the time to perfect the appeals.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]); and it is further,
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeals is granted, the defendant third-party plaintiff-appellant's time to perfect the appeals is enlarged until January 27, 2014, and the record or appendix on the appeals and the defendant third-party plaintiff-appellant's brief must be served and filed on or before that date.
BALKIN, J.P., LOTT, AUSTIN and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court