Del Nero v. Colvin

Full title: PHILLIP DEL NERO, PLAINTIFF-RESPONDENT-APPELLANT, v. MARK COLVIN…

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

Date published: Apr 9, 2018

2018 N.Y. Slip Op. 69488 (N.Y. App. Div. 2018)

Opinion

DOCKET NO. CA 18-00415 DOCKET NO. CA 18-00416 DOCKET NO. CA 18-00417

04-09-2018

PHILLIP DEL NERO, PLAINTIFF-RESPONDENT-APPELLANT, v. MARK COLVIN, DEFENDANT-APPELLANT-RESPONDENT. (APPEAL NO. 1.) PHILLIP DEL NERO, PLAINTIFF-RESPONDENT-APPELLANT, v. MARK COLVIN, DEFENDANT-APPELLANT-RESPONDENT. (APPEAL NO. 2.) PHILLIP DEL NERO, PLAINTIFF-RESPONDENT-APPELLANT, v. MARK COLVIN, DEFENDANT-APPELLANT-RESPONDENT. (APPEAL NO. 3.)

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

PRESENT:

Defendant having moved to consolidate the appeals taken herein from an order and judgment and orders of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on July 10, 2017 (appeal No. 1.), October 30, 2017 (appeal No. 2), and November 13, 2017 (appeal No. 3), and plaintiff having cross-moved for the same relief and for permission to perfect his cross appeals by electronic means, and defendant having moved and plaintiff having cross-moved for extensions of time to perfect their appeal and cross appeal in appeal No. 1,

Now, upon reading and filing the affidavit of Kevin R. Van Duser, Esq., sworn to March 12, 2018, the affidavit of James L. Sonneborn, Esq., sworn to March 21, 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 and cross motion insofar as they seek to consolidate the appeals is granted, and the appeals from the order and judgment and orders entered July 10, 2017, October 30, 2017, and November 13, 2017, are hereby consolidated for the purposes of perfecting and arguing the appeals, and

It is further ORDERED that the motion and cross motion insofar as they seek an extension of time to perfect the appeal and cross appeal for appeal No. 1 is granted, and defendant and plaintiff shall perfect the appeals on or before June 8, 2018, and, in the event of failure to so perfect, the appeals are hereby dismissed without further order, and

It is further ORDERED that plaintiff's cross motion insofar as it seeks permission to electronically perfect the appeal is denied (see 22 NYCRR 1245.2).

Entered: April 9, 2018

Mark W. Bennett, Clerk