RICHARD H. WARNER, INDIVIDUALLY AND AS GUARDIAN OF MARY DOROTHY WARNER, AN INCAPACITATED PERSON, CLAIMANT- V STATE OF

RICHARD H. WARNER, INDIVIDUALLY AND AS GUARDIAN OF MARY DOROTHY WARNER, AN INCAPACITATED PERSON, CLAIMANT- V STATE OF

Motion No: CA 14-00707

Slip Opinion No: 2014 NY Slip Op 72358(U)

Decided on May 9, 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.

May 9, 2014

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

DOCKET NO. CA 14-00707
DOCKET NO. CA 14-00708

RICHARD H. WARNER, INDIVIDUALLY AND AS GUARDIAN OF MARY
DOROTHY WARNER, AN INCAPACITATED PERSON,
CLAIMANT-APPELLANT,
V
STATE OF NEW YORK, DEFENDANT-RESPONDENT.
(CLAIM NO. 98768.)
RICHARD H. WARNER, AS EXECUTOR OF THE ESTATE OF MARY
DOROTHY WARNER, DECEASED, CLAIMANT-APPELLANT,
V
STATE OF NEW YORK, DEFENDANT-RESPONDENT.
(CLAIM NO. 105712.)
(APPEAL NO. 1.)
RICHARD H. WARNER, INDIVIDUALLY AND AS GUARDIAN OF MARY
DOROTHY WARNER, AN INCAPACITATED PERSON,
CLAIMANT-APPELLANT,
V
STATE OF NEW YORK, DEFENDANT-RESPONDENT.
(CLAIM NO. 98768.)
RICHARD H. WARNER, AS EXECUTOR OF THE ESTATE OF MARY
DOROTHY WARNER, DECEASED, CLAIMANT-APPELLANT,
V
STATE OF NEW YORK, DEFENDANT-RESPONDENT.
(CLAIM NO. 105712.)
(APPEAL NO. 2.)

Appellant having moved to consolidate the appeals taken herein from orders of the Court of Claims entered in the Office of the Clerk of said court on July 25, 2013, and March 26, 2014, and having moved for an extension of time to perfect the appeals,

Now, upon reading and filing the affirmation of Edward C. Cosgrove, Esq., dated April 14, 2014, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted insofar as it seeks to consolidate the appeals, and the appeals from the orders entered July 25, 2013, and March 26, 2014, are hereby consolidated for the purposes of perfecting and arguing the appeals, and

It is further ORDERED that the motion is granted insofar as it seeks an extension of time to perfect the appeal taken from the order entered July 25, 2013, and appellant shall perfect the appeal on or before July 8, 2014, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, and

It is further ORDERED that the motion insofar as it seeks an extension to perfect the appeal from the order entered March 26, 2014, is dismissed as premature (see 22 NYCRR 1000.13 [f]).

Entered: May 9, 2014

Frances E. Cafarell, Clerk