MARY ELLEN HANDS, JOHANNA HANDS, JENNIFER LYNN BOWIE, DIANA BROHMAN, AND CHANTAL QUESNEL V RENE J. BISSON , STEPHANIE
Motion No: CA 18-01154
Slip Opinion No: 2018 NY Slip Op 78169(U)
Decided on July 16, 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.


July 16, 2018

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

DOCKET NO. CA 18-01154
DOCKET NO. CA 18-01155

MARY ELLEN HANDS, JOHANNA HANDS, JENNIFER LYNN BOWIE,

DIANA BROHMAN, AND CHANTAL QUESNEL, PLAINTIFFS-RESPONDENTS,

V

RENE J. BISSON, ET AL., DEFENDANTS,

STEPHANIE HUME AS EXECUTRIX OF THE ESTATE OF TIMOTHY J. HUME,

MATRIX EXPEDITED SERVICE, LLC, DEFENDANTS-APPELLANTS.

(APPEAL NO. 1.)

MARY ELLEN HANDS, JOHANNA HANDS, JENNIFER LYNN BOWIE,

DIANA BROHMAN, AND CHANTAL QUESNEL, PLAINTIFFS-RESPONDENTS,

V

RENE J. BISSON, ET AL., DEFENDANTS,

STEPHANIE HUME AS EXECUTRIX OF THE ESTATE OF TIMOTHY J. HUME,

MATRIX EXPEDITED SERVICE, LLC, DEFENDANTS-APPELLANTS.

(APPEAL NO. 2.)


Appellants 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 August 31, 2017 (appeal No. 1), and December 28, 2017 (appeal No. 2), and for an extension of time to perfect the appeals,

Now, upon reading and filing the affidavit of Matthew C. Lenahan, Esq., sworn to June 20, 2018, the notice of motion with proof of service thereof, and the affirmation of John Feroleto, Esq., dated July 6, 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 August 31, 2017, and December 28, 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 appellants shall perfect the appeal on or before August 27, 2018, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

It is further ORDERED that the motion insofar as it seeks an extension of time to perfect appeal No. 2 is dismissed as premature (see 22 NYCRR 1000.13 [f]).

Entered: July 16, 2018

Mark W. Bennett, Clerk