Opinion
DOCKET NO. CA 14-00707 DOCKET NO. CA 14-00708 CLAIM NO. 98768 CLAIM NO. 105712
05-09-2014
RICHARD H. WARNER, INDIVIDUALLY AND AS GUARDIAN OF MARY DOROTHY WARNER, AN INCAPACITATED PERSON, CLAIMANT-APPELLANT, v. STATE OF NEW YORK, DEFENDANT-RESPONDENT. RICHARD H. WARNER, AS EXECUTOR OF THE ESTATE OF MARY DOROTHY WARNER, DECEASED, CLAIMANT-APPELLANT, v. STATE OF NEW YORK, DEFENDANT-RESPONDENT. (APPEAL NO. 1.) RICHARD H. WARNER, INDIVIDUALLY AND AS GUARDIAN OF MARY DOROTHY WARNER, AN INCAPACITATED PERSON, CLAIMANT-APPELLANT, v. STATE OF NEW YORK, DEFENDANT-RESPONDENT. RICHARD H. WARNER, AS EXECUTOR OF THE ESTATE OF MARY DOROTHY WARNER, DECEASED, CLAIMANT-APPELLANT, v. STATE OF NEW YORK, DEFENDANT-RESPONDENT. (APPEAL NO. 2.)
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Appellant having moved to consolidate the appeals taken herein from orders of the Court of Claims entered in the Office of the Clerk of said court on July 25, 2013, and March 26, 2014, and having moved for an extension of time to perfect the appeals,
Now, upon reading and filing the affirmation of Edward C. Cosgrove, Esq., dated April 14, 2014, 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 orders entered July 25, 2013, and March 26, 2014, 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 an extension of time to perfect the appeal taken from the order entered July 25, 2013, and appellant shall perfect the appeal on or before July 8, 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 to perfect the appeal from the order entered March 26, 2014, is dismissed as premature (see 22 NYCRR 1000.13 [f]).
Frances E. Cafarell, Clerk