McCulloch v. N.Y. Cent. Mut. Ins. Co.

Full title: ROBERTA MCCULLOCH, PLAINTIFF-APPELLANT, v. NEW YORK CENTRAL MUTUAL…

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

Date published: Oct 1, 2018

2018 N.Y. Slip Op. 91079 (N.Y. App. Div. 2018)

Opinion

DOCKET NO. CA 18-01719 DOCKET NO. CA 18-01720 DOCKET NO. CA 18-01721

10-01-2018

ROBERTA MCCULLOCH, PLAINTIFF-APPELLANT, v. NEW YORK CENTRAL MUTUAL INSURANCE COMPANY, DEFENDANT-RESPONDENT. (APPEAL NO. 1.) ROBERTA MCCULLOCH, PLAINTIFF-APPELLANT, v. NEW YORK CENTRAL MUTUAL INSURANCE COMPANY, DEFENDANT-RESPONDENT. (APPEAL NO. 2.) ROBERTA MCCULLOCH, PLAINTIFF-APPELLANT, v. NEW YORK CENTRAL MUTUAL INSURANCE COMPANY, DEFENDANT-RESPONDENT. (APPEAL NO. 3.)

SMITH, J.P., CENTRA, PERADOTTO, CARNI, AND LINDLEY, JJ.

PRESENT:

Appellant having moved to consolidate the appeals taken herein from an order and judgments of the Supreme Court entered in the Office of the Clerk of the County of Niagara on February 15, 2018 (appeal No. 1), April 5, 2018 (appeal No. 2), and April 17, 2018 (appeal No. 3), and having moved for an extension of time to perfect the appeals,

Now, upon reading and filing the affidavit of Timothy M. Hudson, Esq., sworn to September 14, 2018, 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 order and the judgments entered February 15, 2018, April 5, 2018, and April 17, 2018, are hereby consolidated for the purposes of perfecting and arguing the appeals, and

It is further ORDERED that motion is granted insofar as it seeks an extension of time to perfect the appeals, and appellant shall perfect the appeals on or before November 30, 2018, and, in the event of failure to so perfect, the appeals are hereby dismissed without further order.

Entered: October 1, 2018

Mark W. Bennett, Clerk