Opinion
DOCKET NO. CA 13-02210 DOCKET NO. CA 13-02211
01-03-2014
LUZ M. HOUSTON, AS ADMINISTRATRIX OF THE ESTATE OF ROBERT M. HOUSTON, SR., DECEASED, PLAINTIFF-RESPONDENT, v. MCNEILUS TRUCK AND MANUFACTURING, INC., MACK TRUCKS, INC., DEFENDANTS, H LEASING COMPANY, LLC, DEFENDANT-APPELLANT, ET AL., DEFENDANTS. (APPEAL NO. 1.) LUZ M. HOUSTON, AS ADMINISTRATRIX OF THE ESTATE OF ROBERT M. HOUSTON, SR., DECEASED, PLAINTIFF-RESPONDENT, v. MCNEILUS TRUCK AND MANUFACTURING, INC., MACK TRUCKS, INC., DEFENDANTS, H LEASING COMPANY, LLC, DEFENDANT-APPELLANT, ET AL., DEFENDANTS. (APPEAL NO. 2.)
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Appellant H Leasing Company 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 April 18, 2013 (appeal No. 1), and December 12, 2013 (appeal No. 2), and having moved for an extension of time to perfect the appeals,
Now, upon reading and filing the affidavit of David P. Marcus, Esq., sworn to December 16, 2013, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted insofar as it seeks to consolidate the appeals, and the appeals from the orders entered April 18, 2013, and December 12, 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 appeal No. 1 is granted, and appellant H Leasing Company shall perfect appeal No. 1 on or before March 26, 2014, 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 an extension of time to perfect appeal No. 2 is dismissed as premature (see 22 NYCRR 1000.13 [f]).
Frances E. Cafarell, Clerk