IN THE MATTER OF GAIL MURTAUGH, INDIVIDUALLY AND DOING BUSINESS AS CROSBY HILL AUTO RECYCLING, RICHARD R. MURTAUGH AND
Motion No: CA 14-02060
Slip Opinion No: 2014 NY Slip Op 92393(U)
Decided on December 10, 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.


December 10, 2014

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

DOCKET NO. CA 14-02060
DOCKET NO. CA 14-02061

IN THE MATTER OF GAIL MURTAUGH, INDIVIDUALLY AND DOING

BUSINESS AS CROSBY HILL AUTO RECYCLING, RICHARD R. MURTAUGH

AND MURTAUGH RECYCLING CORP., PETITIONERS-APPELLANTS,

V

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION,

DENISE M. SHEEHAN, COMMISSIONER, RESPONDENTS-RESPONDENTS.

IN THE MATTER OF GAIL MURTAUGH, INDIVIDUALLY AND DOING

BUSINESS AS CROSBY HILL AUTO RECYCLING, RICHARD R. MURTAUGH

AND MURTAUGH RECYCLING CORP., PETITIONERS-APPELLANTS,

V

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION,

DENISE M. SHEEHAN, COMMISSIONER, RESPONDENTS-RESPONDENTS.


Appellants having moved for an extension of time to perfect the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on January 22, 2014 (docket No. CA 14-02060), and October 17, 2014 (docket Number CA 14-02061), having moved to consolidate said appeals, and having moved for other relief,

Now, upon reading and filing the affirmation of Richard J. Brickwedde, Esq., dated November 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 insofar as it seeks to vacate dismissal of the appeal from the order entered January 22, 2014, is granted, on the condition that appellants perfect the appeal on or before February 9, 2015, and

It is further ORDERED that the motion is dismissed as premature insofar as it seeks an extension of time to perfect the appeal from the order entered October 17, 2014, (see 22 NYCRR 1000.13 [f]), and

It is further ORDERED that the motion insofar as it seeks to consolidate the appeals is granted, and the appeals from the order entered January 22, 2014, and October 17, 2014, are hereby consolidated for the purposes of perfecting and arguing the appeals.

Entered: December 10, 2014

Frances E. Cafarell, Clerk