Genesee/Wyoming YMCA v. Bovis Lend Lease LMB, Inc.

Full title: GENESEE/WYOMING YMCA, PLAINTIFF, v. BOVIS LEND LEASE LMB, INC., DEFENDANT…

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

Date published: Feb 6, 2012

2012 N.Y. Slip Op. 63664 (N.Y. App. Div. 2012)

Opinion

Motion No: CA 12-00055 DOCKET NO. CA 12-00146

02-06-2012

GENESEE/WYOMING YMCA, PLAINTIFF, v. BOVIS LEND LEASE LMB, INC., DEFENDANT. BOVIS LEND LEASE LMB, INC., THIRD-PARTY PLAINTIFF-RESPONDENT, v. WHITNEY EAST, INC., THIRD-PARTY DEFENDANT, AND THOMAS ASSOCIATES ARCHITECTS & ENGINEERS, P.C., THIRD-PARTY DEFENDANTS-APPELLANTS. (APPEAL NO. 1.) GENESEE/WYOMING YMCA, PLAINTIFF-RESPONDENT, v. BOVIS LEND LEASE LMB, INC., DEFENDANT-APPELLANT. BOVIS LEND LEASE LMB, INC., THIRD-PARTY PLAINTIFF-APPELLANT, v. WHITNEY EAST, INC. AND THOMAS ASSOCIATES ARCHITECTS & ENGINEERS, P.C., THIRD-PARTY DEFENDANTS-RESPONDENTS. (APPEAL NO. 2.)

SCUDDER

PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

Defendant and third-party plaintiff Bovis Lend Lease LMB, Inc. (Bovis) having moved to consolidate the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on November 17, 2011 (Docket No. CA 12-00055), and January 3, 2012 (Docket No. CA 12-00146), and for an extension of time to file and serve a brief,

Now, upon reading and filing the affirmation of John G. Powers, Esq., dated January 18, 2012, the notice of motion with proof of service thereof, and the affidavit of David C. Bruffett, Jr., Esq., sworn to January 20, 2012, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks to consolidate the appeals is denied, and

It is further ORDERED that the motion insofar as it seeks an extension of time to file a brief on appeal No. 2 is dismissed as premature (see 22 NYCRR 1000.13 [f]), and

It is further ORDERED that the motion insofar as it seeks an extension of time to file and serve a respondent's brief on appeal No. 1 is granted on the condition that the brief is filed and served on or before March 12, 2012, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that reply briefs on appeal No. 1, if any, shall be filed and served on or before March 27, 2012.

Memorandum: Bovis' remedy is to perfect the unperfected appeal and to move to reschedule either appeal so that the appeals can be heard and determined together.

Frances E. Cafarell, Clerk