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

CA 19-00263
CA 19-00265

ROBERT S. SZCZERBINSKI, ET AL., PLAINTIFFS, V OAB HOLDING, INC., ET AL., DEFENDANTS. HOIST LIFTRUCK MFG, INC., THIRD-PARTY PLAINTIFF, V AURUBIS BUFFALO, INC., FORMERLY KNOWN AS LUVATA BUFFALO, INC., THIRD-PARTY DEFENDANT-APPELLANT. —————————————————— —————————— AURUBIS BUFFALO, INC., FORMERLY KNOWN AS LUVATA BUFFALO, INC., FOURTH-PARTY PLAINTIFF-APPELLANT, V ATLANTIC RICHFIELD COMPANY, ATLANTIC RICHFIELD COMPANY AS SUCCESSOR IN INTEREST TO ATLANTIC RICHFIELD DELAWARE CORPORATION, FOURTH-PARTY DEFENDANTS-RESPONDENTS, ET AL., FOURTH-PARTY DEFENDANT. ROBERT S. SZCZERBINSKI, ET AL., PLAINTIFFS, V AMERICAN BRASS COMPANY, L.P., ET AL., DEFENDANTS. ———————————————————&m dash;——————— ATLANTIC RICHFIELD COMPANY, ATLANTIC RICHARD FIELD COMPANY AS SUCCESSOR IN INTEREST TO ATLANTIC RICHFIELD DELAWARE CORPORATION, ET AL., THIRD-PARTY PLAINTIFFS-RESPONDENTS, V AURUBIS BUFFALO, INC., FORMERLY KNOWN AS LUVATA BUFFALO, INC., THIRD-PARTY DEFENDANT-APPELLANT.

Appellant having moved to consolidate the appeals taken herein from orders of the Supreme Court, Erie County, entered August 23, 2018, and for an extension of time to perfect the appeals,

Now, upon reading and filing the papers with respect to the motion, 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 are hereby consolidated for the purposes of perfecting and arguing the appeals, and

It is further ORDERED that the motion is granted insofar as it seeks an extension of time to perfect the appeals, the time to perfect the appeals is extended to July 1, 2019, and, in the event of failure to so perfect, the appeals are hereby dismissed without further order.

Memorandum: No further extensions of time to perfect will be granted absent an unanticipated and extraordinary excuse for the delay.

Entered: May 28, 2019

Mark W. Bennett

Clerk of the Court