Pearce v. Joint Bd. of Dirs. of Erie-Wyoming Cnty. Soil Conservation Dist.

Full title: SUZANNE PEARCE, ADMINITRATRIX OF THE ESTATE OF MITCHELL PEARCE, DECEASED…

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

Date published: Nov 28, 2018

2018 N.Y. Slip Op. 89765 (N.Y. App. Div. 2018)

Opinion

DOCKET NO. CA 18-01647 DOCKET NO. CA 18-01648 DOCKET NO. 18-01589 DOCKET NO. CA 18-01649 DOCKET NO. CA 18-01650 DOCKET NO. CA 18-02015

11-28-2018

SUZANNE PEARCE, ADMINITRATRIX OF THE ESTATE OF MITCHELL PEARCE, DECEASED, PLAINTIFF-RESPONDENT, v. JOINT BOARD OF DIRECTORS OF ERIE-WYOMING COUNTY SOIL CONSERVATION DISTRICT, ALSO KNOWN AS ERIE-WYOMING JOINT WATERSHED BOARD, DEFENDANT-APPELLANT, ET AL., DEFENDANTS. (APPEAL NO. 1.) SUZANNE PEARCE, ADMINITRATRIX OF THE ESTATE OF MITCHELL PEARCE, DECEASED, PLAINTIFF-APPELLANT, v. JOINT BOARD OF DIRECTORS OF ERIE-WYOMING COUNTY SOIL CONSERVATION DISTRICT ALSO KNOWN AS ERIE-WYOMING JOINT WATERSHED BOARD, ET AL., DEFENDANTS, ERIE COUNTY SOIL & WATER CONSERVATION DISTRICT, DEFENDANT-RESPONDENT. (APPEAL NO. 2.) SUZANNE PEARCE, ADMINITRATRIX OF THE ESTATE OF MITCHELL PEARCE, DECEASED, PLAINTIFF-APPELLANT, v. JOINT BOARD OF DIRECTORS OF ERIE-WYOMING COUNTY SOIL CONSERVATION DISTRICT ALSO KNOWN AS ERIE-WYOMING JOINT WATERSHED BOARD, ET AL., DEFENDANTS, WYOMING COUNTY SOIL & WATER CONSERVATION DISTRICT, DEFENDANT-RESPONDENT. (APPEAL NO. 3.) SUZANNE PEARCE, ADMINITRATRIX OF THE ESTATE OF MITCHELL PEARCE, DECEASED, PLAINTIFF-APPELLANT, v. JOINT BOARD OF DIRECTORS OF ERIE-WYOMING COUNTY SOIL CONSERVATION DISTRICT ALSO KNOWN AS ERIE-WYOMING JOINT WATERSHED BOARD, ET AL., DEFENDANTS, AND TOWN OF WEST SENECA, DEFENDANT-RESPONDENT. (APPEAL NO. 4.) SUZANNE PEARCE, ADMINITRATRIX OF THE ESTATE OF MITCHELL PEARCE, DECEASED, PLAINTIFF-RESPONDENT, v. JOINT BOARD OF DIRECTORS OF ERIE-WYOMING COUNTY SOIL CONSERVATION DISTRICT ALSO KNOWN AS ERIE-WYOMING JOINT WATERSHED BOARD, ET AL., DEFENDANTS, COUNTY OF ERIE, DEFENDANT-APPELLANT. (APPEAL NO. 5.) SUZANNE PEARCE, AS ADMINISTRATRIX OF THE ESTATE OF MITCHELL PEARCE, DECEASED, PLAINTIFF-APPELLANT, v. JOINT BOARD OF DIRECTORS OF ERIE-WYOMING COUNTY SOIL CONSERVATION DISTRICT, ET AL., DEFENDANTS, COUNTY OF ERIE, DEFENDANT-RESPONDENT. (APPEAL NO. 6.)

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

PRESENT:

Plaintiff 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 March 29, 2018, April 10, 2018, April 16, 2018, April 26, 2018, June 22, 2018, and October 10, 2018, and for an extension of time to perfect appeal Nos. 1-4, or, to vacate dismissal of the appeals (denominated "reinstate the appeals"), and for permission to file the record electronically,

Now, upon reading and filing the affirmation of William A. Quinlan, Esq., dated October 26, 2018, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that motion is granted insofar as it seeks to consolidate the appeals, and the appeals taken from the orders entered March 29, 2018, April 10, 2018, April 16, 2018, April 26, 2018, June 22, 2018, and October 10, 2018, are hereby consolidated for the purposes of perfecting and arguing the appeals, and

It is further ORDERED that the motion is granted insofar as it seeks to vacate dismissal of appeal Nos. 1-4, on the condition that plaintiff perfects the appeals on or before January 28, 2019, and

It is further ORDERED that the motion is denied insofar as it seeks to perfect the appeals electronically, and the appeals shall be perfected pursuant to 22 NYCRR 1250.

Entered: November 28, 2018

Mark W. Bennett, Clerk