Opinion
DOCKET NO. CA 13-01011 DOCKET NO. CA 13-01012 DOCKET NO. CA 13-01013
07-03-2013
FIBERGLASS FABRICATORS, INC., PLAINTIFF-APPELLANT, v. C.O. FALTER CONSTRUCTION CORP., FIDELITY AND DEPOSIT COMPANY OF MARYLAND AND ZURICH AMERICAN INSURANCE COMPANY, DEFENDANTS-RESPONDENTS. (APPEAL NO. 1.) FIBERGLASS FABRICATORS, INC., PLAINTIFF-APPELLANT, v. C.O. FALTER CONSTRUCTION CORP., FIDELITY AND DEPOSIT COMPANY OF MARYLAND AND ZURICH AMERICAN INSURANCE COMPANY, DEFENDANTS-RESPONDENTS. (APPEAL NO. 2.) FIBERGLASS FABRICATORS, INC., PLAINTIFF-APPELLANT, v. C.O. FALTER CONSTRUCTION CORP., FIDELITY AND DEPOSIT COMPANY OF MARYLAND AND ZURICH AMERICAN INSURANCE COMPANY, DEFENDANTS-RESPONDENTS. (APPEAL NO. 3.)
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Appellant having moved to consolidate the appeals taken herein from an order and from judgments of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on August 23, 2013 (appeal Nos. 1 and 2), and April 5, 2013 (appeal No. 3), having moved for an extension of time to perfect the appeals from the order and the judgment entered August 23, 2013,
Now, upon reading and filing the affidavit of Christopher A. Cardillo, Esq., sworn to May 5, 2013, the notice of motion with proof of service thereof, and the affirmation of Janet D. Callahan, Esq., dated June 27, 2013, 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 order and judgments entered August 23, 2013, and April 5, 2013, 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 and appellant shall perfect the appeals on or before September 3, 2013, and, in the event of failure to so perfect, the appeals are hereby dismissed without further order.
Frances E. Cafarell, Clerk