Opinion
DOCKET NO. CA 16-02351 DOCKET NO. CA 17-00391 DOCKET NO. CA 17-00392
03-13-2017
DIAMOND ROOFING CO., INC., PLAINTIFF-RESPONDENT, v. PCL PROPERTIES, LLC, DEFENDANT-APPELLANT. (APPEAL NO. 1.) DIAMOND ROOFING CO., INC., PLAINTIFF-RESPONDENT, v. PCL PROPERTIES, LLC, DEFENDANT-APPELLANT. (APPEAL NO. 2,) DIAMOND ROOFING CO., INC., PLAINTIFF-RESPONDENT, v. PCL PROPERTIES, LLC, DEFENDANT-APPELLANT. (APPEAL NO. 3.)
PRESENT:
Appellant having moved to consolidate the appeals and for an extension of time to perfect the appeals taken herein from a judgment and orders of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on September 8, 2016 (appeal No. 1), November 15, 2016 (appeal No. 2), and January 20, 2017 (appeal No. 3),
Now, upon reading and filing the affirmation of Nicole Marlow-Jones, Esq, dated February 24, 2017, the notice of motion with proof of service thereof, and the affirmation of Michael Longstreet, Esq., dated March 1, 2017, 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 orders entered September 8, 2016, November 15, 2016, and January 20, 2017, 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 appeal No. 1 is granted to the extent that the ordering paragraph of the order of this Court entered January 17, 2017, is hereby amended by deleting the date March 13, 2017, and inserting in its place the date April 13, 2017, and
It is further ORDERED that the motion insofar as it seeks an extension of time to perfect appeal Nos. 2 and 3 is dismissed as premature (see 22 NYCRR 1000.13 [f]).
Entered: March 13, 2017
Frances E. Cafarell, Clerk