Opinion
DOCKET NO. CA 15-00217 DOCKET NO. CA 15-00218 DOCKET NO. CA 15-000219
03-06-2015
VAN WIE CHEVROLET, INC. DOING BUSINESS AS EVANS CHEVROLET, PLAINTIFF-APPELLANT, v. GENERAL MOTORS, LLC, DEFENDANT-RESPONDENT AND SHARON CHEVROLET, INC., DEFENDANT. (APPEAL NO. 1.) VAN WIE CHEVROLET, INC. DOING BUSINESS AS EVANS CHEVROLET, PLAINTIFF-RESPONDENT-APPELLANT, v. GENERAL MOTORS, LLC, DEFENDANT-APPELLANT-RESPONDENT, AND SHARON CHEVROLET, INC., DEFENDANT. (APPEAL NO. 2.) VAN WIE CHEVROLET, INC. DOING BUSINESS AS EVANS CHEVROLET, PLAINTIFF-RESPONDENT-APPELLANT, v. GENERAL MOTORS, LLC, DEFENDANT-APPELLANT-RESPONDENT, AND SHARON CHEVROLET, INC., DEFENDANT. (APPEAL NO. 3.)
PRESENT: , SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
Defendant General Motors, LLC having moved to dismiss plaintiff's appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on October 6, 2012 (appeal No. 1), and June 16, 2014 (appeal No. 2), on the ground that the right of direct appeal terminated with entry of a judgment of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on December 2, 2014, or, in the alternative to consolidate appeal Nos. 1 and 2 with the appeal taken from the judgment entered December 2, 2014 (appeal No. 3),
Now, upon reading and filing the affirmations of Bernadette W. Catalina, Esq., dated January 26, 2015, and January 30, 2015, the notice of motion with proof of service thereof, and the affidavit of Eric L. Chase, Esq., sworn to February 4, 2015, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to dismiss appeal Nos. 1 and 2 is denied (see CPLR 5501 [c]), and
It is further ORDERED that the motion insofar as it seeks to consolidate the appeal is granted, and the appeals from orders and judgment entered October 6, 2012, June 16, 2014, and December 2, 2014, are hereby consolidated for the purposes of perfecting and arguing the appeals.
Entered: March 6, 2015
Frances E. Cafarell, Clerk