TIMEWISE CLEANING, INC. V LUSH CLEANING SOLUTIONS AND SIRENA E. LUSH TIMEWISE CLEANING, INC. V LUSH CLEANING SOLUTIONS
Motion No: CA 16-01092
Slip Opinion No: 2016 NY Slip Op 79607(U)
Decided on July 12, 2016
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.


July 12, 2016

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

DOCKET NO. CA 16-01092
DOCKET NO. CA 16-01093

TIMEWISE CLEANING, INC., PLAINTIFF-APPELLANT,

V

LUSH CLEANING SOLUTIONS AND SIRENA E. LUSH,

DEFENDANTS-RESPONDENTS.

(APPEAL NO. 1.)

TIMEWISE CLEANING, INC., PLAINTIFF-APPELLANT,

V

LUSH CLEANING SOLUTIONS AND SIRENA E. LUSH,

DEFENDANTS-RESPONDENTS.

(APPEAL NO. 2.)


Appellant having moved to consolidate the appeals and 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 Monroe on September 11, 2015 (appeal No. 1), and April 25, 2016 (appeal No. 2),

Now, upon reading and filing the affidavit of Pamela S.C. Reynolds, Esq., sworn to June 24, 2016, 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 September 11, 2015, and April 25, 2016, 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, and appellant shall perfect the appeal on or before September 12, 2016, 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 of time to perfect appeal No. 2 is dismissed as premature (see 22 NYCRR 1000.13 [f]).

Entered: July 12, 2016

Frances E. Cafarell, Clerk