Opinion
DOCKET NO. CA 14-01096 DOCKET NO. CA 14-01097
09-17-2014
DAVID K. BORYSZEWSKI, PLAINTIFF-APPELLANT, v. JOHN E. HENDERSON, GENERAL MOTORS ACCEPTANCE CORPORATION, NIAGARA FRONTIER RECOVERY, LLC AND NIAGARA FRONTIER RECOVERY AND REMARKETING, LLC, DEFENDANTS-RESPONDENTS. (APPEAL NO. 1.) DAVID K. BORYSZEWSKI, PLAINTIFF-APPELLANT, v. JOHN E. HENDERSON, GENERAL MOTORS ACCEPTANCE CORPORATION, NIAGARA FRONTIER RECOVERY, LLC AND NIAGARA FRONTIER RECOVERY AND REMARKETING, LLC, DEFENDANTS-RESPONDENTS. (APPEAL NO. 2.)
PRESENT: , SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Appellant having moved to consolidate the appeals taken herein from a judgment and an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on February 21, 2014 (appeal No. 1), and March 17, 2014 (appeal No. 2), and having moved for an extension of time to perfect the appeals,
Now, upon reading and filing the affidavit of Jon F. Minear, Esq., sworn to August 26, 2014, the notice of motion with proof of service thereof, and the affirmation of Paul D. McCormick, Esq., dated August 29, 2014, 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 judgment and the order entered February 21, 2014, and March 17, 2014, are hereby consolidated for the purposes of perfecting and arguing the appeals, and
It is further ORDERED that the motion insofar as it seeks an extension of time to perfect the appeals is granted to the extent that the ordering paragraph of the order of this Court entered July 2, 2014, is hereby amended by deleting the date September 2, 2014, and inserting in its place the date November 17, 2014.
Entered: September 17, 2014
Frances E. Cafarell, Clerk