| HUDSON SPECIALTY INSURANCE COMPANY, AND ENDURANCE AMERICAN SPECIALTY INSURANCE COMPANY, AS SUBROGEES OF SPECIALTY |
| Motion No: CA 17-00577 |
| Slip Opinion No: 2017 NY Slip Op 76271(U) |
| Decided on June 5, 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 17-00577
DOCKET NO. CA 17-00992
| HUDSON SPECIALTY INSURANCE COMPANY, AND ENDURANCE AMERICAN
SPECIALTY INSURANCE COMPANY, AS SUBROGEES OF SPECIALTY TECHNICAL CONSULTANTS, INC., PLAINTIFFS-RESPONDENTS, V HALEY &
ALDRICH, INC. AND COVERIS, INC., DEFENDANTS-APPELLANTS. (APPEAL NO. 1.) HUDSON SPECIALTY INSURANCE COMPANY, AND
ENDURANCE AMERICAN SPECIALTY INSURANCE COMPANY, AS SUBROGEES OF SPECIALTY TECHNICAL CONSULTANTS, INC.,
PLAINTIFFS-RESPONDENTS, V HALEY & ALDRICH, INC. AND COVERIS, INC., DEFENDANTS-APPELLANTS. (APPEAL NO.
2.) |
Appellants having moved to consolidate the appeals taken herein from an order and a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on December 23, 2016 (appeal No. 1), and January 23, 2017 (appeal No. 2), and for an extension of time to perfect appeal No. 1, and respondents having cross-moved to dismiss appeal No. 2 on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmations of Scott K. Winikow, Esq., dated May 25, 2017, and June 2, 2017, the notice of motion with proof of service thereof, and the affirmation of Dennis R. McCoy, Esq., dated May 30, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that appellants' motion is granted insofar as it seeks to consolidate the appeals and the appeals from the order and judgment entered December 23, 2016, and January 23, 2017, are hereby consolidated for the purposes of perfecting and arguing the appeals, and
It is further ORDERED that appellants' motion is granted insofar as it seeks an extension of time to perfect appeal No. 1, to the extent that the ordering paragraph of the order of this Court entered April 3, 2017, is hereby amended by deleting the date June 2, 2017, and inserting in its place the date August 1, 2017, and
It is further ORDERED that respondents' cross motion is granted and appeal No. 2 is dismissed without further order unless the appeal is perfected on or before August 1, 2017.
Entered: June 5, 2017
Frances E. Cafarell, Clerk