Opinion
DOCKET NO. CA 15-00267 DOCKET NO. CA 15-00289
03-16-2015
JU STIN COFFEE, PLAINTIFF-APPELLANT, v. TANK INDUSTRY CONSULTANTS, INC., AND WORLDWIDE INDUSTRIES CORP., DEFENDANTS-RESPONDENTS. WORLDWIDE INDUSTRIES CORP., THIRD PARTY PLAINTIFF, v. CDK INDUSTRIES, INC., THIRD-PARTY DEFENDANT-RESPONDENT. JUSTIN COFFEE, PLAINTIFF-RESPONDENT, v. TANK INDUSTRY CONSULTANTS, INC., DEFENDANT-APPELLANT, AND WORLDWIDE INDUSTRIES CORP., DEFENDANT.
PRESENT: , SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
Defendant Tank Industry Consultants, Inc. 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 Onondaga on November 14, 2014 (appeal No. 1), and May 23, 2014 (appeal No. 2), and for an extension of time to perfect the appeals,
Now, upon reading and filing the affidavit of Stephen A. Davoli, Esq., sworn to January 5, 2015, 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 to consolidate the appeals is denied, and
It is further ORDERED that the motion insofar as it seeks an extension of time to perfect appeal No. 1 is dismissed as moot, and
It is further ORDERED that the motion insofar as it seeks an extension of time to perfect appeal No. 2 is granted, and Tank Industry Consultants, Inc. shall perfect the appeal on or before May 26, 2015, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Memorandum: Tank Industry Consultants, Inc.'s remedy is to perfect appeal No. 2 and to move to reschedule either appeal so that the appeals can be heard and determined together.
Entered: March 16, 2015
Frances E. Cafarell, Clerk