REMET CORPORATION V ESTATE OF JAMES R. PYNE, KATHERINE B. PAYNE, INDIVIDUALLY AND AS EXECUTOR OF THE LAST WILL AND

REMET CORPORATION V ESTATE OF JAMES R. PYNE, KATHERINE B. PAYNE, INDIVIDUALLY AND AS EXECUTOR OF THE LAST WILL AND

Motion No: CA 18-00427

Slip Opinion No: 2018 NY Slip Op 68875(U)

Decided on March 29, 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.

March 29, 2018

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

DOCKET NO. CA 18-00427
DOCKET NO. CA 18-00428

REMET CORPORATION, PLAINTIFF-APPELLANT,
V
ESTATE OF JAMES R. PYNE, KATHERINE B. PAYNE, INDIVIDUALLY AND
AS EXECUTOR OF THE LAST WILL AND TESTAMENT OF JAMES R. PYNE
AND AS TRUSTEE OF THE LAST WILL AND TESTAMENT OF JAMES R. PYNE,
EDWARD R. WIEHL, AS EXECUTOR OF THE LAST WILL AND TESTAMENT
OF JAMES R. PYNE AND AS TRUSTEE ESTABLISHED UNDER PARAGRAPH
THIRD OF THE LAST WILL AND TESTAMENT OF JAMES R. PYNE,
AND J.P. MORGAN ESCROW SERVICES, DEFENDANTS-RESPONDENTS.
(APPEAL NO. 1.)
REMET CORPORATION, PLAINTIFF-APPELLANT,
V
ESTATE OF JAMES R. PYNE, KATHERINE B. PAYNE, INDIVIDUALLY AND
AS EXECUTOR OF THE LAST WILL AND TESTAMENT OF JAMES R. PYNE
AND AS TRUSTEE OF THE LAST WILL AND TESTAMENT OF JAMES R. PYNE,
EDWARD R. WIEHL, AS EXECUTOR OF THE LAST WILL AND TESTAMENT
OF JAMES R. PYNE AND AS TRUSTEE ESTABLISHED UNDER PARAGRAPH
THIRD OF THE LAST WILL AND TESTAMENT OF JAMES R. PYNE, AND
J.P. MORGAN ESCROW SERVICES, DEFENDANTS-RESPONDENTS.
(APPEAL NO. 2.)

Appellant having moved to consolidate the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Oneida on May 25, 2017 (appeal No. 1), and October 3, 2017 (appeal No. 2), and having moved for an extension of time to perfect appeal No. 1,

Now, upon reading and filing the affirmation of Janet D. Callahan, Esq., dated March 13, 2018, the notice of motion with proof of service thereof, and the affirmation of Neil M. Gingold, Esq., dated March 20, 2018, 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 entered May 25, 2017, and October 3, 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. 1 is granted, and appellant shall perfect the appeal on or before May 29, 2018, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: March 29, 2018

Mark W. Bennett, Clerk