Opinion
DOCKET NO. CA 17-01005 DOCKET NO. CA 17-01006 DOCKET NO. CA 17-01007 DOCKET NO. CA 17-01008 DOCKET NO. CA 17-01837
10-24-2017
W. JAMES CAMPERLINO, PLAINTIFF-RESPONDENT, v. DAN E. BARGABOS AND KENWOOD HOMES, INC. DOING BUSINESS AS HERITAGE HOMES, DEFENDANTS-APPELLANTS. (APPEAL NO. 1) (APPEAL NO. 2) (APPEAL NO. 3) W. JAMES CAMPERLINO, PLAINTIFF-RESPONDENT-APPELLANT, v. DAN E. BARGABOS AND KENWOOD HOMES, INC. DOING BUSINESS AS HERITAGE HOMES, DEFENDANTS-APPELLANTS-RESPONDENTS. (APPEAL NO. 4) (APPEAL NO. 5.)
PRESENT:
Defendants having moved for an extension of time to perfect the appeals taken herein from orders and judgments of Supreme Court entered in the Office of the Clerk of the County of Onondaga on July 29, 2016 (appeal No. 1), August 9, 2016 (appeal No. 2), August 24, 2016 (appeal No. 3), and February 2, 2017 (appeal No. 4), and plaintiff having cross-moved for an extension of time to perfect his appeals taken from the judgment entered February 2, 2017, and from an order of Supreme Court entered in the Office of the Clerk of the County of Onondaga on January 25, 2017 (appeal No. 5), and to consolidate the appeals,
Now, upon reading and filing the affidavits of John A. Cirando, Esq., sworn to August 10, 2017, and October 20, 2017, the affirmation of Martha L. Berry, Esq., dated October 18, 2017, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that defendants' motion is granted insofar as it seeks an extension of time to perfect the appeals, to the extent that the ordering paragraph of the order of
this Court entered August 28, 2017, is hereby amended by deleting the date October 10, 2017, and inserting in its place the date December 11, 2017, and
It is further ORDERED that defendants shall perfect appeal No. 4 on or before December 11, 2017, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, and
It is further ORDERED that plaintiff's cross motion is granted insofar as it seeks an extension of time to perfect appeal Nos. 4 and 5, and plaintiff shall perfect the appeals on or before December 11, 2017, and, in the event of failure to so perfect, the appeals are hereby dismissed without further order, and
It is further ORDERED that plaintiff's cross motion is granted insofar as it seeks to consolidate the appeals, and plaintiff's appeals from the judgment and the order entered February 2, 2017, and January 25, 2017, are hereby consolidated with the appeals taken from the orders and judgment entered July 29, 2016 (appeal No. 1), August 9, 2016 (appeal No. 2), August 24, 2016 (appeal No. 3).
Memorandum: No further extensions of time to perfect appeal Nos. 1, 2, and 3 will be granted with respect to defendants.
Entered: October 24, 2017
Mark W. Bennett, Clerk