W. JAMES CAMPERLINO V DAN E. BARGABOS AND KENWOOD HOMES, INC. DOING BUSINESS AS HERITAGE HOMES W. JAMES CAMPERLINO V
Motion No: CA 17-01005
Slip Opinion No: 2017 NY Slip Op 77218(U)
Decided on June 12, 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.


June 12, 2017

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

DOCKET NO. CA 17-01005
DOCKET NO. CA 17-01006
DOCKET NO. CA 17-01007
DOCKET NO. CA 17-01008

W. JAMES CAMPERLINO, PLAINTIFF-RESPONDENT,

V

DAN E. BARGABOS AND KENWOOD HOMES, INC. DOING

BUSINESS AS HERITAGE HOMES, DEFENDANTS-APPELLANTS.

(APPEAL NO. 1.)

W. JAMES CAMPERLINO, PLAINTIFF-RESPONDENT,

V

DAN E. BARGABOS AND KENWOOD HOMES, INC. DOING

BUSINESS AS HERITAGE HOMES, DEFENDANTS-APPELLANTS.

(APPEAL NO. 2.)

W. JAMES CAMPERLINO, PLAINTIFF-RESPONDENT,

V

DAN E. BARGABOS AND KENWOOD HOMES, INC. DOING

BUSINESS AS HERITAGE HOMES, DEFENDANTS-APPELLANTS.

(APPEAL NO. 3.)

W. JAMES CAMPERLINO, PLAINTIFF-RESPONDENT,

V

DAN E. BARGABOS AND KENWOOD HOMES, INC. DOING

BUSINESS AS HERITAGE HOMES, DEFENDANTS-APPELLANTS.

(APPEAL NO. 4.)


Appellants having moved to consolidate the appeals taken herein from orders and judgments of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on July 29, 2016 (appeal No. 1), August 9, 2016 (appeal No. 2), August 24, 2016 (appeal No. 3), and February 2, 2017 (appeal No. 4), and having moved for an extension of time to perfect the appeals,

Now, upon reading and filing the affidavit of John A. Cirando, Esq., sworn to May 24, 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 insofar as it seeks to consolidate the appeals is granted, and the appeals from the orders and judgments entered July 29, 2016, August 9, 2016, August 24, 2016, and February 2, 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 Nos. 1, 2, and 3 is granted, and appellant shall perfect the appeals on or before August 11, 2017, and, in the event of failure to so perfect, the appeals are hereby dismissed without further order, and

It is further ORDERED that the motion insofar as it seeks an extension of time to perfect appeal No. 4 is dismissed as premature (see 22 NYCRR 1000.13 [f]).

Entered: June 12, 2017

Frances E. Cafarell, Clerk