| KENNETH ZIOLKOWSKI V HAN-TEK, INC. AND ZYNERGY SOLUTIONS, INC. |
| Motion No: CA 14-00090 |
| Slip Opinion No: 2014 NY Slip Op 67488(U) |
| Decided on March 20, 2014 |
| 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 14-00090
| KENNETH ZIOLKOWSKI, PLAINTIFF-RESPONDENT, V
HAN-TEK, INC. AND ZYNERGY SOLUTIONS, INC., DEFENDANTS-APPELLANTS. |
Appellant Han-Tek, Inc. having moved to consolidate the appeals taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on September 5, 2013, and having moved for an extension of time to perfect its appeal from said order,
Now, upon reading and filing the affidavit of Destin C. Santacrose, Esq., sworn to February 19, 2014, the notice of motion with proof of service thereof, and the affidavit of Daniel P. DeBolt, Esq., sworn to February 27, 2014, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted insofar as it seeks to consolidate the appeals taken herein from the order entered September 5, 2013, on the condition that appellant Han-Tek, Inc. perfects its appeal on before April 21, 2014, and
It is further ORDERED that the motion is dismissed as premature insofar as it seeks an extension of time for appellant Han-Tek, Inc. to perfect its appeal.
Entered: March 20, 2014
Frances E. Cafarell, Clerk