| DEBORA KALBFLIESH AND KENNETH KALBFLIESH, JR. V ANDREA MCCANN, JOHN MCCANN JOSEPH A. MOSES, AND SMART RIDE LTD. DEBORA |
| Motion No: CA 14-01218 |
| Slip Opinion No: 2014 NY Slip Op 88926(U) |
| Decided on November 5, 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 14-01218
DOCKET NO. CA 14-01885
| DEBORA KALBFLIESH AND KENNETH KALBFLIESH, JR.,
PLAINTIFFS-RESPONDENTS, V ANDREA MCCANN, JOHN MCCANN, DEFENDANTS, JOSEPH A. MOSES, AND SMART RIDE LTD.,
DEFENDANTS-APPELLANTS. (APPEAL NO. 1.) DEBORA KALBFLIESH AND KENNETH KALBFLIESH, JR., PLAINTIFFS-RESPONDENTS, V
ANDREA MCCANN, JOHN MCCANN, DEFENDANTS, JOSEPH A. MOSES, AND SMART RIDE LTD., DEFENDANTS-APPELLANTS. (APPEAL NO.
2.) |
Appellants having moved to consolidate the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Niagara on March 3, 2014 (appeal No. 1), and September 29, 2014 (appeal No. 2), and having moved for an extension of time to perfect the appeal taken from the order entered March 3, 2014,
Now, upon reading and filing the affidavit of Gerard E. O'Connor, Esq., sworn to October 16, 2014, the notice of motion with proof of service thereof, and the affidavit of R. Colin Campbell, Esq., sworn to October 22, 2014, 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 orders, entered March 3, 2014, and September 29, 2014, are hereby consolidated for the purposes of perfecting and arguing the appeals, and
It is further ORDERED that the motion insofar as it seeks an extension of time to perfect appeal No. 1 is granted to the extent that the ordering paragraph of the order of this Court
entered September 23, 2014, is hereby amended by deleting the date October 29, 2014, and inserting in its place the date November 28, 2014.
Entered: November 5, 2014
Frances E. Cafarell, Clerk