LECHASE CONSTRUCTION SERVICES, LLC V JAG I, LLC LECHASE CONSTRUCTION SERVICES, LLC V JAG I, LLC (APPEAL NO. 2.)
Motion No: CA 17-02087
Slip Opinion No: 2017 NY Slip Op 40068(U)
Decided on December 26, 2017
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.


December 26, 2017

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

DOCKET NO. CA 17-02087
DOCKET NO. CA 17-02124
DOCKET NO. CA 17-02149

LECHASE CONSTRUCTION SERVICES, LLC,

PLAINTIFF-RESPONDENT,

V

JAG I, LLC, DEFENDANT-APPELLANT.

(APPEAL NO. 1.)

LECHASE CONSTRUCTION SERVICES, LLC,

PLAINTIFF-RESPONDENT,

V

JAG I, LLC, DEFENDANT-APPELLANT.

(APPEAL NO. 2.)

LECHASE CONSTRUCTION SERVICES, LLC,

PLAINTIFF-RESPONDENT,

V

JAG I, LLC, DEFENDANT-APPELLANT.

(APPEAL NO. 3.)


Appellant having moved to consolidate the appeals taken herein from orders and a judgment of the Supreme Court entered in the Office of the Clerk of the County of Monroe on February 9, 2017 (appeal No. 1), and February 14, 2017 (appeal Nos. 2 and 3), and for an extension of time to perfect appeal No. 3,

Now, upon reading and filing the affirmation of Carrie McLoughlin Noll, Esq., dated December 11, 2017, the affirmation of Gerard E. O'Connor, Esq., dated December 9, 2017, 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, and the appeals from the orders and the judgment entered February 9, 2017, and February 14, 2017, 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. 3 is granted, and appellant shall perfect the appeal on or before February 14, 2018, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: December 26, 2017

Mark W. Bennett, Clerk