Opinion
DOCKET NO. CA 14-01794 DOCKET NO. CA 14-01795
10-30-2014
ANTOINE MARTIN, II, PLAINTIFF-APPELLANT, v. WALTER WITKOWSKI, DEFENDANT-RESPONDENT. (APPEAL NO. 1.) ANTOINE MARTIN, PLAINTIFF-APPELLANT, v. WALTER WITKOWSKI, DEFENDANT-RESPONDENT. (APPEAL NO. 2.)
PRESENT: , SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Appellant 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 January 17, 2014 (appeal No. 1), and April 14, 2014 (appeal No. 2), and having moved for an extension of time to perfect the appeals,
Now, upon reading and filing the affidavit of Jeanne M. Vinal, Esq., sworn to September 19, 2014, the notice of motion with proof of service thereof, and the affidavit of James N. Nash, Esq., sworn to October 6, 2014, 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 orders entered January 17, 2014, and April 14, 2014, 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 appeal from the order entered January 17, 2014, is granted, and appellant shall perfect that appeal on or before December 15, 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 the appeal from the order entered April 14, 2014, is dismissed as premature (see 22 NYCRR 1000.13 [f]).
Entered: October 30, 2014
Frances E. Cafarell, Clerk