| MICHAEL L. GILKERSON V JASON L. BUCK , ASHLEY E. EVANS AMBER M. TALARICO V JASON L. BUCK , ASHLEY E. EVANS MICHAEL L. |
| Motion No: CA 18-00595 |
| Slip Opinion No: 2018 NY Slip Op 71275(U) |
| Decided on May 1, 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 18-00595
DOCKET NO. CA 18-00596
DOCKET NO. CA 18-00008
DOCKET NO. CA 18-00569
| MICHAEL L. GILKERSON, PLAINTIFF-RESPONDENT, V JASON L. BUCK, ET
AL., DEFENDANTS, ASHLEY E. EVANS, DEFENDANT-APPELLANT. AMBER M. TALARICO, PLAINTIFF-RESPONDENT, V JASON L. BUCK, ET AL.,
DEFENDANTS, ASHLEY E. EVANS, DEFENDANT-APPELLANT. MICHAEL L. GILKERSON, PLAINTIFF-APPELLANT, V JASON L. BUCK, ET AL.,
DEFENDANTS, MATTHEW J. SILE AND JAMES W. SILE, DEFENDANTS-RESPONDENTS. AMBER M. TALARICO, PLAINTIFF-APPELLANT, V JASON L.
BUCK, ET AL., DEFENDANTS, MATTHEW J. SILE AND JAMES W. SILE, DEFENDANTS-RESPONDENTS, |
Appellant Ashley E. Evans 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 Niagara on September 29, 2017 (docket No. CA 18-00008), November 16, 2017 (docket No. CA 18-00595), November 28, 2017 (docket No. CA 18-00596), and December 7, 2017 (docket No. CA 18-00569), and having moved for an extension of time to perfect the appeals taken from the orders entered November 16, 2017, and Novembr 28, 2017,
Now, upon reading and filing the affirmation of Shayna D. Gorski, Esq., dated March 29, 2018, the notice of motion with proof of service thereof, and the affirmation of Stephen Boyd, Esq., dated April 16, 2018, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to consolidate the appeals taken herein from the orders entered September 29, 2017, November 16, 2017, November 28, 2017, and December 7, 2018, is denied, and
It is further ORDERED that the motion insofar as it seeks to consolidate the appeals taken herein from the orders entered November 16, 2017, and November 28, 2017, is hereby granted, and the appeals are 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 the appeals taken from the orders entered November 16, 2017, and November 28, 2018, is dismissed as premature (see 22 NYCRR 1000.13 [f]).
Memorandum: Appellant's remedy is to perfect the unperfected appeals and to move to reschedule the appeals to be heard and determined together.
Entered: May 1, 2018
Mark W. Bennett, Clerk