| CARRIE FOWLER V STEPHANIE HUME, AS ADMINISTRATRIX OF THE ESTATE OF TIMOTHY J. HUME, DECEASED , TARTEN EQUIPMENT, LTD. |
| Motion No: CA 16-01752 |
| Slip Opinion No: 2016 NY Slip Op 89760(U) |
| Decided on October 24, 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: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 16-01752
DOCKET NO. CA 16-01753
| CARRIE FOWLER, PLAINTIFF-RESPONDENT, V STEPHANIE HUME, AS
ADMINISTRATRIX OF THE ESTATE OF TIMOTHY J. HUME, DECEASED, ET AL., DEFENDANTS, TARTEN EQUIPMENT, LTD.,
DEFENDANT-APPELLANT. AND 34 OTHER ACTIONS. MARY ELLEN HANDS, ET AL., PLAINTIFFS-RESPONDENTS, V RENE J. BISSON,
ET AL., DEFENDANTS-RESPONDENTS, TARTEN EQUIPMENT LIMITED, DEFENDANT-APPELLANT. |
Appellant having moved to consolidate the appeals and to extend the time to perfect the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Oneida on May 23, 2016 (docket No. CA 16-01752), and September 27, 2016 (docket No. CA 16-01753),
Now, upon reading and filing the affidavit of Jeanne A. Barry, Esq., sworn to October 3, 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 denied, and
It is further ORDERED that the motion insofar as it seeks an extension of time to perfect the appeals is dismissed as premature (see 22 NYCRR 1000.13 [f]).
Memorandum: Appellant's remedy is to perfect the appeals, then move to reschedule either appeal so that the appeals can be heard and determined together.
Entered: October 24, 2016
Frances E. Cafarell, Clerk