Wood v. Artifact Props., LLC

Full title: WILLIS WOOD, PLAINTIFF-RESPONDENT-APPELLANT, v. ARTIFACT PROPERTIES, LLC…

Court: Appellate Division of the Supreme Court of the State of New York

Date published: Mar 20, 2018

2018 N.Y. Slip Op. 67726 (N.Y. App. Div. 2018)

Opinion

DOCKET NO. CA 18-00380 DOCKET NO. CA 18-00381

03-20-2018

WILLIS WOOD, PLAINTIFF-RESPONDENT-APPELLANT, v. ARTIFACT PROPERTIES, LLC AND DAVID PERKINS, DEFENDANTS-APPELLANTS-RESPONDENTS. (APPEAL NO. 1.) WILLIS WOOD, PLAINTIFF-RESPONDENT-APPELLANT, v. ARTIFACT PROPERTIES, LLC AND DAVID PERKINS, DEFENDANTS-APPELLANTS-RESPONDENTS. (APPEAL NO. 2.)

WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

PRESENT:

Appellant David Perkins having moved to consolidate the appeals and cross appeal taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Oswego on July 26, 2017, and for other relief, and appellant Artifact Properties, LLC having cross-moved for an extension of time to perfect its appeal, and for other relief,

Now, upon reading and filing the affidavit of Anthony R. Brighton, Esq., sworn to February 28, 2018, the affidavit of Matthew E. Whritenour, Esq., sworn to March 13, 2018, 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 the motion insofar as it seeks to consolidate the appeals is granted, and the appeals from the orders entered July 26, 2017, are hereby consolidated for the purposes of perfecting and arguing the appeals, and

It is further ORDERED that appellant Artifact Properties, LLC shall perfect its appeal on or before May 15, 2018, in the event of a failure to so perfect, the appeal of Artifact Properties, LLC is hereby dismissed without further order, and

It is further ORDERED that appellant David Perkins shall file and serve a brief in support of its appeal and in response to Artifact Properties, LLC's cross appeal on or before June 18, 2018, and in the event of a failure to so file and serve, the appeal of David Perkins is dismissed without further order, and

It is further ORDERED that plaintiff shall file and serve a brief in support of his appeal and in response to the appeals of defendants on or before July 16, 2018, and in the event of failure to so file and serve, the appeal of plaintiff is dismissed without further order, and

It is further ORDERED that defendants shall file and serve briefs in response to plaintiff's appeal on or before August 17, 2018, and the motion and cross motion are otherwise denied.

Entered: March 20, 2018

Mark W. Bennett, Clerk