| RALFAEL CASTRO V ADMAR SUPPLY COMPANY, INC. |
| Motion No: CA 17-00074, |
| Slip Opinion No: 2017 NY Slip Op 65787(U) |
| Decided on March 1, 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. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 17-00074,
| RALFAEL CASTRO, PLAINTIFF-RESPONDENT, V ADMAR SUPPLY
COMPANY, INC., DEFENDANT-APPELLANT. |
Respondent having moved to dismiss as moot the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on March 14, 2016 (docket No. CA 17-00074), May 26, 2016 (docket No. CA 17-00169), and November 30, 2016 (docket No. CA 17-00170), and appellant having cross-moved to consolidate the appeals,
Now, upon reading and filing the affirmations of Joseph R. Bergen, Esq., dated January 19, 2017, and January 27, 2017, the notice of motion with proof of service thereof, and the affidavit of William K. Kennedy, Esq., sworn to January 25, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that respondent's motion to dismiss is denied without prejudice and leave to renew the arguments made in support of and in opposition to this motion at oral argument and in the parties' briefs that remain outstanding, and
It is further ORDERED that appellant's cross motion is denied.
Memorandum: Appellant's remedy is to perfect the unperfected appeals and move to reschedule the appeals so that they can be heard and determined together.
Entered: March 1, 2017
Frances E. Cafarell, Clerk