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McWhinney v. Rockland Cider Works, LLC

Supreme Court of New York, Second Department
Sep 22, 2023
2023 N.Y. Slip Op. 73833 (N.Y. App. Div. 2023)

Opinion

Motion Nos. 2023-01017 2023-03041 Index No. 32665/2022

09-22-2023

Susan McWhinney, et al., plaintiffs-respondents, v. Rockland Cider Works, LLC, et al., appellants, Town of Orangetown, et al., defendants-respondents, et al., defendants. Susan McWhinney, et al., plaintiffs-respondents, v. Rockland Cider Works, LLC, et al., appellants, Town of Orangetown, et al.,defendants-respondents, et al., defendants.


Unpublished Opinion

MOTION DECISION

M291183

MARK C. DILLON, J.P. CHERYL E. CHAMBERS WILLIAM G. FORD LOURDES M. VENTURA, JJ.

DECISION & ORDER ON MOTION

Appeals from two orders of the Supreme Court, Rockland County, dated January 13, 2023, and March 6, 2023, respectively. Motion by the appellants, inter alia, to stay enforcement of so much of the order dated January 13, 2023, as granted a preliminary injunction and to consolidate the appeals. Application by the appellants to extend the time to perfect the appeal from the order dated January 13, 2023.

Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 1250.9[f][3]), and the motion is otherwise denied; and it is further, ORDERED that the application to extend the time to perfect the appeal from the order dated January 13, 2023, is granted, and on or before October 23, 2023, the appellants shall serve and file the record or appendix and the appellants' brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellants' brief and upload digital copies of the record or appendix and the appellants' brief, with proof of service thereof, through the digital portal on this Court's website.

DILLON, J.P., CHAMBERS, FORD and VENTURA, JJ., concur.


Summaries of

McWhinney v. Rockland Cider Works, LLC

Supreme Court of New York, Second Department
Sep 22, 2023
2023 N.Y. Slip Op. 73833 (N.Y. App. Div. 2023)
Case details for

McWhinney v. Rockland Cider Works, LLC

Case Details

Full title:Susan McWhinney, et al., plaintiffs-respondents, v. Rockland Cider Works…

Court:Supreme Court of New York, Second Department

Date published: Sep 22, 2023

Citations

2023 N.Y. Slip Op. 73833 (N.Y. App. Div. 2023)