| DAVID G. HARRIS V WARD GREENBERG HELLER & REIDY LLP, TONY SEARS, THOMAS S. D'ANTONIO, SYRACUSE UNIVERSITY, NANCY |
| Motion No: CA 16-00902 |
| Slip Opinion No: 2016 NY Slip Op 87039(U) |
| Decided on September 26, 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. |
PRESENT: SMITH, J.P., CENTRA, PERADOTTO, LINDLEY, AND TROUTMAN, JJ.
DOCKET NO. CA 16-00902
DOCKET NO. CA 16-01567
| DAVID G. HARRIS, PLAINTIFF-APPELLANT, V WARD GREENBERG HELLER
& REIDY LLP, TONY SEARS, THOMAS S. D'ANTONIO, SYRACUSE UNIVERSITY, NANCY CANTOR, ERIC SPINA, MELVIN STITH, RANDAL ELDER, SUSAN
ALBRING, AND BRIAN F. DEJOSEPH, DEFENDANTS-RESPONDENTS. (APPEAL NO. 1.) DAVID G. HARRIS, PLAINTIFF-APPELLANT, V WARD
GREENBERG HELLER & REIDY LLP, TONY SEARS, THOMAS S. D'ANTONIO, SYRACUSE UNIVERSITY, NANCY CANTOR, ERIC SPINA, MELVIN STITH, RANDAL
ELDER, SUSAN ALBRING, AND BRIAN F. DEJOSEPH, 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 February 1, 2016 (appeal No. 1), and July 28, 2016 (appeal No. 2),
Now, upon reading and filing the affidavit of David G. Harris sworn to September 6, 2016, the notice of motion with proof of service thereof, the affidavit of Thomas S. D'Antinoio, Esq., sworn to September 23, 2016, and the affidavit of La Vonda Reed sworn to September 21, 2016, 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 February 1, 2016, and July 28, 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 to the extent that the first ordering paragraph of the order of this Court entered August 17, 2016, is hereby amended by deleting the date September 9, 2016, and inserting in its place the date November 9, 2016, and
It is hereby 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]).
Memorandum: No further extensions of time to perfect appeal No. 1 will be granted.
Entered: September 26, 2016
Frances E. Cafarell, Clerk