Opinion
DOCKET NO. CA 16-02087 DOCKET NO. CA 17-01875 DOCKET NO. CA 17-01876
11-15-2017
MARK V. THOMPSON, PLAINTIFF-APPELLANT, v. CLIFFSTAR CORPORATION AND PLIBRICO COMPANY, LLC, DEFENDANTS-RESPONDENTS.
PRESENT:
Appellant having moved to consolidate the appeals taken herein from orders and a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on January 28, 2016 (appeal No. 1), July 20, 2017 (appeal No. 2), and September 20, 2017 (appeal No. 3), and to adjourn oral argument of appeal No. 1,
Now, upon reading and filing the affidavit of Michael T. Szczygiel, Esq., sworn to October 26, 2017, the notice of motion with proof of service thereof, and the affirmation of Michael Sullivan, Esq., dated November 1, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied insofar as it seeks to adjourn appeal No. 1, and
It is further ORDERED that appeal Nos. 1 and 2 are dismissed with leave to raise the issues in appeal Nos. 1 and 2 in the appeal from the final judgment (appeal No. 3) (see CPLR 5501 [a] [1]); Matter of Scott v Manilla, 203 AD2d 972, 973), and
It is further ORDERED that the motion to consolidate is dismissed.
Entered: November 15, 2017
Mark W. Bennett, Clerk