| HENDERSON HARBOR MARINERS' MARINA, INC., AND MARLA COHEN V IFS LISBON-ASSET ADVISORY SERVICES, LLC, AND TIMOTHY |
| Motion No: CA 17-01826 |
| Slip Opinion No: 2018 NY Slip Op 60858(U) |
| Decided on January 10, 2018 |
| 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 17-01826
DOCKET NO. CA 17-02165
DOCKET NO. CA 17-02166
| HENDERSON HARBOR MARINERS' MARINA, INC., AND MARLA COHEN,
PLAINTIFFS-RESPONDENTS, V IFS LISBON-ASSET ADVISORY SERVICES, LLC, AND TIMOTHY MCELDUFF, DEFENDANTS, UPSTATE NATIONAL BANK,
DEFENDANT-APPELLANT. HENDERSON HARBOR MARINERS' MARINA, INC. AND MARLA COHEN, PLAINTIFFS-RESPONDENTS, V UPSTATE
NATIONAL BANK, DEFENDANT-APPELLANT. (APPEAL NO. 1.) HENDERSON HARBOR MARINERS' MARINA, INC. AND MARLA COHEN,
PLAINTIFFS-RESPONDENTS, V UPSTATE NATIONAL BANK, DEFENDANT-APPELLANT. (APPEAL NO. 2.) |
Appellant 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 Onondaga on August 11, 2017 (appeal No. 1), and November 3, 2017 (appeal No. 2), and respondents having cross-moved to dismiss appeal No. 1 for failure to perfect timely the appeal, or, in alternative, to consolidate appeal Nos. 1 and 2 with an appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on January 9, 2017 (docket No. CA 17-01826),
Now, upon reading and filing the affidavits of Alan R. Peterman, Esq., sworn to December 13, 2017, and December 27, 2017, the affidavit of Timothy J. Fennell, Esq., sworn to December 20, 2017, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that appellant's motion insofar as it seeks to consolidate the appeals is granted, and the appeals from the an order and the judgment entered August 11, 2017, and November 3, 2017, are hereby consolidated for the purposes of perfecting and arguing the appeals, and
It is further ORDERED that respondents' cross motion insofar as it seeks to dismiss appeal No. 1 is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before March 12, 2018, and
It is further ORDERED that respondents' cross motion insofar as it seeks to consolidate the appeal Nos. 1 and 2 with an appeal taken from an order entered January 9, 2017, is denied.
Entered: January 10, 2018
Mark W. Bennett, Clerk