Warren v. E.J. Militello Concrete, Inc.

Full title: GARY E. WARREN AND MARY WARREN, PLAINTIFFS-APPELLANTS, v. E.J. MILITELLO…

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

Date published: Nov 28, 2018

2018 N.Y. Slip Op. 89772 (N.Y. App. Div. 2018)

Opinion

DOCKET NO. CA 18-01085 DOCKET NO. CA 18-01821

11-28-2018

GARY E. WARREN AND MARY WARREN, PLAINTIFFS-APPELLANTS, v. E.J. MILITELLO CONCRETE, INC., ET AL., DEFENDANTS, AND VERIZON NEW YORK INC., DEFENDANT-RESPONDENT. (APPEAL NO. 1.) GARY E. WARREN AND MARY WARREN, PLAINTIFFS-RESPONDENTS, v. E.J. MILITELLO CONCRETE, INC., AND DESTRO & BROTHERS CONCRETE COMPANY, INC., HATCH MOTT MACDONALD NY, INC., DEFENDANTS-APPELLANTS. (APPEAL NO. 2.)

WHALEN, P.J., CENTRA, PERADOTTO, CARNI, LINDLEY, JJ.

PRESENT:

Plaintiffs having moved to consolidate the appeals taken herein from an order and judgment and an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on August 18, 2017 (appeal No. 1), and August 30, 2018 (appeal No. 2), and having moved for an extension of time to perfect appeal No. 1,

Now, upon reading and filing the affirmation of William A. Quinlan, Esq., dated October 15, 2018, the notice of motion with proof of service thereof, the affirmation of Andrew J. Kowalewski, Esq., dated October 24, 2018, the affirmation of Matthew C. Lehahan, Esq,. dated October 26, 2018, the affirmation of Eric W. Marriott, Esq., dated October 26, 2018, and the affirmation of Jeffrey T. Wolber, Esq., dated October 26, 2018, 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 judgment and the order entered August 18, 2017, and August 30, 2018, are hereby consolidated for the purposes of perfecting and arguing the appeals, and

It is further ORDERED that the parties are directed to perfect the appeals puruant to 22 NYCRR 1250, and

It is further ORDERED that the motion is granted insofar as it seeks an extension of time to perfect appeal No. 1, and plaintiffs shall perfect the appeal on or before January 28, 2019, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Memorandum: No further extensions of time to perfect appeal No. 1 will be granted to plaintiffs' present counsel absent an unanticipated and extraordinary excuse for the delay.

Entered: November 28, 2018

Mark W. Bennett, Clerk