| DIPIZIO CONSTRUCTION COMPANY, INC. V ERIE CANAL HARBOR DEVELOPMENT CORPORATION DIPIZIO CONSTRUCTION COMPANY, INC. V |
| Motion No: CA 14-02236 |
| Slip Opinion No: 2014 NY Slip Op 94605(U) |
| Decided on December 31, 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., CENTRA, FAHEY, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 14-02236
DOCKET NO. CA 14-02237
| DIPIZIO CONSTRUCTION COMPANY, INC., PLAINTIFF-APPELLANT,
V ERIE CANAL HARBOR DEVELOPMENT CORPORATION, DEFENDANT-RESPONDENT. (APPEAL NO. 1.) DIPIZIO CONSTRUCTION
COMPANY, INC., PLAINTIFF-APPELLANT, V ERIE CANAL HARBOR DEVELOPMENT CORPORATION, DEFENDANT-RESPONDENT.
(APPEAL NO. 2.) |
Appellant 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 Erie on April 3, 2014 (appeal No. 1), and May 30, 2014 (appeal No. 2), and having moved for an extension of time to perfect the appeals,
Now, upon reading and filing the affirmation of Michael E. Ferdman, Esq., dated December 15, 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 consolidate the appeals is granted, and the appeals from the orders entered April 3, 2014, and May 30, 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 the appeals is granted, and appellant shall perfect the appeals on or before March 31,
2015, and, in the event of failure to so perfect, the appeals are hereby dismissed without further order.
Entered: December 31, 2014
Frances E. Cafarell, Clerk