Opinion
CA 19-00281 CA 19-01285
11-04-2019
A.J.R. EQUITIES, INC., ET AL., PLAINTIFFS, v. SCOUT CONSTRUCTION MANAGEMENT, LLC, ET AL., DEFENDANTS. SCOUT CONSTRUCTION MANAGEMENT, LLC, THIRD-PARTY PLAINTIFF-RESPONDENT-APPELLANT, v. JILL FUDO, THIRD-PARTY DEFENDANT-APPELLANT-RESPONDENT, ET AL., THIRD-PARTY-DEFENDANTS. (Appeal No. 1.) A.J.R. EQUITIES, INC., PLAINTIFF, v. SCOUT CONSTRUCTION MANAGEMENT, LLC, ET AL., DEFENDANTS. SCOUT CONSTRUCTION MANAGEMENT, LLC, THIRD-PARTY PLAINTIFF-APPELLANT, v. JILL FUDO, THIRD-PARTY DEFENDANT-RESPONDENT, ET AL, THIRD-PARTY DEFENDANTS. (Appeal No. 2.)
PRESENT:
Appellant Scout Construction Management, LLC having moved to consolidate the appeals taken herein from orders of the Supreme Court, Onondaga County, entered January 24, 2019 (appeal No. 1), and July 3, 2019 (appeal No. 2), for an extension of time to file and serve a brief in appeal No. 1, and for an extension of time to perfect appeal No. 2,
Now, upon reading and filing the papers with respect to the application, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to consolidate the appeals is denied, and
It is further ORDERED that the motion insofar as it seeks an extension of time to file and serve a brief in appeal No. 1 is granted, the time to file and serve a brief pursuant to 22 NYCRR 1250.9 (f) (1) (iv) is extended to December 6, 2019, and,
It is further ORDERED that the application insofar as it seeks an extension of time to perfect appeal No. 2 is dismissed as premature (see 22 NYCRR 1250.10 [a]).
Memorandum: Appellant's remedy is to perfect the unperfected appeal and move to reschedule either appeal so that the appeals can heard and determined together.
Entered: November 4, 2019
Mark W. Bennett
Clerk of the Court