Opinion
Motion Nos. CA 21-01393 CA 22-00550
06-27-2022
IN THE MATTER OF GLORIA BORRELLI, PLAINTIFF-RESPONDENT, v. TOM THOMAS, INDIVIDUALLY, AND AS DIRECTOR AND OFFICE FOR NEW YORK STATE FENCE CO., INC. AND NEW YORK STATE FENCE CO., INC., DEFENDANTS-APPELLANTS. (APPEAL NO.1) GLORIA BORRELLI, AS EXECUTRIX OF THE ESTATE OF DANIEL J. THOMAS, DECEASED, AND DERIVATIVELY AS A SHAREHOLDER OF NEW YORK STATE FENCE CO., INC., PLAINTIFF-APPELLANT, v. TOM THOMAS, INDIVIDUALLY, AND AS A DIRECTOR AND OFFICER OF NEW YORK STATE FENCE CO., INC., AND NEW YORK STATE FENCE CO., INC., DEFENDANTS-RESPONDENTS. (APPEAL NO. 2)
Unpublished Opinion
MOTION DECISION
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND LINDLEY, JJ.
Defendants having moved to consolidate the appeals taken herein from orders of the Supreme Court, Monroe County, entered August 30, 2021 and March 28, 2022, and having moved for an extension of time to perfect appeal No. 1 (CA 21-01393), 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, 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 to the extent it seeks an extension of time to perfect appeal No. 1, and the defendants' time to perfect appeal No. 1 is extended to August 26, 2022, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.