| CHRISTINE OWEN, INDIVIDUALLY, DERIVATIVELY AS A SHAREHOLDER OF ROHM SERVICES CORPORATION AND RHH MENDON PROPERTIES |
| Motion No: CA 24-00787 AND CA 24-00941 |
| Slip Opinion No: 2024 NY Slip Op 76336(U) |
| Decided on October 1, 2024 |
| 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, LINDLEY, CURRAN, AND BANNISTER, JJ.
CA 24-00787 AND CA 24-00941
| CHRISTINE OWEN, INDIVIDUALLY, DERIVATIVELY AS A SHAREHOLDER OF ROHM
SERVICES CORPORATION AND RHH MENDON PROPERTIES, INC., AND AS EXECUTOR OF THE ESTATE OF BARBARA A. HURLBUT, DECEASED,
PLAINTIFF-RESPONDENT-APPELLANT, V ROBERT W. HURLBUT AND HURLBUT HEALTH CONSULTING,
LLC, DEFENDANTS-APPELLANTS-RESPONDENTS. |
Plaintiff having moved to consolidate the appeals taken herein from orders of the Supreme Court, Monroe County, entered December 2, 2023 and October 5, 2023, and for other relief,
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It hereby ORDERED that the motion insofar as it seeks to consolidate the appeals is denied, and
It is further ORDERED that the motion insofar as it seeks an extension of time for plaintiff to perfect her appeals is granted, the time for plaintiff to perfect the appeals is extended to November 4, 2024, and, in the event of failure to so perfect, the appeal are hereby dismissed without further order, and
It is further ORDERED that the motion insofar as it seeks other relief is denied.
Memorandum: Plaintiff's remedy with respect to consolidation is to perfect the unperfected appeals and to thereafter move to schedule all appeals to be heard on the same day.
Entered: October 1, 2024
Ann Dillon Flynn
Clerk of the Court