Opinion
DOCKET NO. CA 17-02146 DOCKET NO. CA 18-00676
04-30-2018
DANNY P. DUNN, SR. AND ANITA L. DUNN, PLAINTIFFS-APPELLANTS, v. COUNTY OF NIAGARA, DEFENDANT-RESPONDENT, RUSSELL JACKMAN, FOURTH DISTRICT NIAGARA COUNTY CORONER, AND RUSSELL JACKMAN, INDIVIDUALLY, DEFENDANT-APPELLANT, ET AL., DEFENDANTS. (APPEAL NO. 2.) DANNY P. DUNN, SR. AND ANITA L. DUNN, PLAINTIFFS-APPELLANTS, v. COUNTY OF NIAGARA, ET AL., DEFENDANTS, CAMBRIA VOLUNTEER FIRE COMPANY, INC., DEFENDANT-RESPONDENT. (APPEAL NO. 3.)
PRESENT:
Plaintiffs-appellants having moved for an extension of time to perfect the appeals taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Niagara on August 1, 2017 (appeal No. 2), and July 13, 2017 (appeal No. 3), and to consolidate the appeals,
Now, upon reading and filing the affirmation of Michael J. Dowd, Esq., dated April 19, 2018, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks an extension of time to perfect appeal No. 2 is granted to the extent that the ordering paragraph of the order of this Court entered February 26, 2018, is hereby amended by deleting the date April 23, 2018, and inserting in its place the date June 25, 2018, and
It is further ORDERED that the motion insofar as it seeks an extension of time to perfect appeal No. 3 is granted, and plaintiffs-appellants shall perfect the appeal on or before June 25, 2018, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, and
It is further ORDERED that the motion insofar as it seeks to consolidate the appeals is granted, and the appeals from the orders entered August 1, 2017, and July 13, 2017, are hereby consolidated for the purposes of perfecting and arguing the appeals.
Memorandum: No further extensions of time to perfect appeal No. 2 will be granted to plaintiffs-appellants.
Entered: April 30, 2018
Mark W. Bennett, Clerk