DONTIE S. MITCHELL V WOODS OVIATT GILMAN, LLP AND WILLIAM G. BAUER DONTIE S. MITCHELL V WOODS OVIATT GILMAN, LLP AND
Motion No: CA 15-00084
Slip Opinion No: 2015 NY Slip Op 72382(U)
Decided on May 6, 2015
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 6, 2015

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

DOCKET NO. CA 15-00084
DOCKET NO. CA 15-00085

DONTIE S. MITCHELL, PLAINTIFF-APPELLANT,

V

WOODS OVIATT GILMAN, LLP AND WILLIAM G. BAUER,

DEFENDANTS-RESPONDENTS.

(APPEAL NO. 1.)

DONTIE S. MITCHELL, PLAINTIFF-APPELLANT,

V

WOODS OVIATT GILMAN, LLP AND WILLIAM G. BAUER,

DEFENDANTS-RESPONDENTS.

(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 Cayuga on June 5, 2014 (appeal No. 1), and December 23, 2014 (appeal No. 2), and having moved for an extension of time to perfect the appeals,

Now, upon reading and filing the affidavit of Dontie S. Mitchell sworn to April 7, 2015, 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 June 5, 2014, and December 23, 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 fourth ordering paragraph of the order of this Court entered January 29, 2015, is hereby amended by deleting the date April 20, 2015, and inserting in its place the date June 19, 2015, and

It is further ORDERED that the motion insofar as it seeks an extension of time to perfect appeal No. 2 is dismissed as premature (see 22 NYCRR 1000.13 [f]).

Entered: May 6, 2015

Frances E. Cafarell, Clerk