Opinion
DOCKET NO. CA 14-00623 DOCKET NO. CA 14-00625
04-18-2014
HAROLD JEFFS AND DONNA JEFFS, PLAINTIFFS-RESPONDENTS, v. MICHAEL S. WYGONIK, DEFENDANT-APPELLANT. MICHAEL S. WYGONIK, THIRD-PARTY PLAINTIFF-APPELLANT, v. PAT HARDY AND JUANITA HARDY, THIRD-PARTY DEFENDANTS-RESPONDENTS. HAROLD JEFFS AND DONNA JEFFS, PLAINTIFFS-RESPONDENTS, v. MICHAEL S. WYGONIK, DEFENDANT-APPELLANT. MICHAEL S. WYGONIK, THIRD-PARTY PLAINTIFF-APPELLANT, v. PAT HARDY AND JUANITA HARDY, THIRD-PARTY DEFENDANTS-RESPONDENTS.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Respondents Harold Jeffs and Donna Jeffs having moved to dismiss on the ground that appellant failed to perfect timely the appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Niagara on January 10, 2014 (docket No. CA 14-00625), or in the alternative, to consolidate the appeal from the order and judgment entered January 10, 2014, with the appeal from an order of the Supreme Court entered in the Office of the Clerk of the County of Niagara on July 16, 2013 (docket No. CA 14-00623),
Now, upon reading and filing the affirmation of Jonathan M. Gorski, Esq., dated April 1, 2014, the notice of motion with proof of service thereof, and the affirmation of Eric T. Boron, Esq., dated April 9, 2014, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted insofar as it seeks to dismiss the appeal from the order and judgment entered January 10, 2014, and the appeal is dismissed without further order unless the appeal is perfected on or before June 17, 2014, and
It is further ORDERED that the motion insofar as it seeks to consolidate the appeals is denied.
Frances E. Cafarell, Clerk