| GARY E. WARREN AND MARY WARREN V E.J. MILITELLO CONCRETE, INC. , AND VERIZON NEW YORK INC. GARY E. WARREN AND MARY |
| Motion No: CA 18-01085 |
| Slip Opinion No: 2018 NY Slip Op 89772(U) |
| Decided on November 28, 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., CENTRA, PERADOTTO, CARNI, LINDLEY, JJ.
DOCKET NO. CA 18-01085
DOCKET NO. CA 18-01821
| GARY E. WARREN AND MARY WARREN, PLAINTIFFS-APPELLANTS, V E.J.
MILITELLO CONCRETE, INC., ET AL., DEFENDANTS, AND VERIZON NEW YORK INC., DEFENDANT-RESPONDENT. (APPEAL NO. 1.) GARY E. WARREN
AND MARY WARREN, PLAINTIFFS-RESPONDENTS, V E.J. MILITELLO CONCRETE, INC., AND DESTRO & BROTHERS CONCRETE COMPANY, INC., HATCH
MOTT MACDONALD NY, INC., DEFENDANTS-APPELLANTS. (APPEAL NO. 2.) |
Plaintiffs having moved to consolidate the appeals taken herein from an order and judgment and an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on August 18, 2017 (appeal No. 1), and August 30, 2018 (appeal No. 2), and having moved for an extension of time to perfect appeal No. 1,
Now, upon reading and filing the affirmation of William A. Quinlan, Esq., dated October 15, 2018, the notice of motion with proof of service thereof, the affirmation of Andrew J. Kowalewski, Esq., dated October 24, 2018, the affirmation of Matthew C. Lehahan, Esq,. dated October 26, 2018, the affirmation of Eric W. Marriott, Esq., dated October 26, 2018, and the affirmation of Jeffrey T. Wolber, Esq., dated October 26, 2018, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted insofar as it seeks to consolidate the appeals, and the appeals from the order and judgment and the order entered August 18, 2017, and August 30, 2018, are hereby consolidated for the purposes of perfecting and arguing the appeals, and
It is further ORDERED that the parties are directed to perfect the appeals puruant to 22 NYCRR 1250, and
It is further ORDERED that the motion is granted insofar as it seeks an extension of time to perfect appeal No. 1, and plaintiffs shall perfect the appeal on or before January 28, 2019, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Memorandum: No further extensions of time to perfect appeal No. 1 will be granted to plaintiffs' present counsel absent an unanticipated and extraordinary excuse for the delay.
Entered: November 28, 2018
Mark W. Bennett, Clerk