Opinion
DOCKET NO. CA 17-00074,
03-01-2017
RALFAEL CASTRO, PLAINTIFF-RESPONDENT, v. ADMAR SUPPLY COMPANY, INC., DEFENDANT-APPELLANT.
PRESENT:
Respondent having moved to dismiss as moot the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on March 14, 2016, May 26, 2016, and November 30, 2016, and appellant having cross-moved to consolidate the appeals,
Now, upon reading and filing the affirmations of Joseph R. Bergen, Esq., dated January 19, 2017, and January 27, 2017, the notice of motion with proof of service thereof, and the affidavit of William K. Kennedy, Esq., sworn to January 25, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that respondent's motion to dismiss is denied without prejudice and leave to renew the arguments made in support of and in opposition to this motion at oral argument and in the parties' briefs that remain outstanding, and
It is further ORDERED that appellant's cross motion is denied.
Memorandum: Appellant's remedy is to perfect the unperfected appeals and move to reschedule the appeals so that they can be heard and determined together.
Entered: March 1, 2017
Frances E. Cafarell, Clerk