Will Foods, LCC v. Will Poultry Co.

Full title: WILL FOODS, LCC, PLAINTIFF-APPELLANT, v. WILL POULTRY CO., INC., DONALD E…

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

Date published: Nov 30, 2016

2016 N.Y. Slip Op. 92948 (N.Y. App. Div. 2016)

Opinion

DOCKET NO. CA 16-00523 DOCKET NO. CA 16-01704 DOCKET NO. 16-01705

11-30-2016

WILL FOODS, LCC, PLAINTIFF-APPELLANT, v. WILL POULTRY CO., INC., DONALD E. WILL, MARGARET GLEASON, DEFENDANTS-RESPONDENTS, ET AL., DEFENDANTS. (APPEAL NO. 1.) WILL FOODS, LLC, PLAINTIFF-RESPONDENT, v. WILL POULTRY CO., INC., DONALD E. WILL, DEFENDANTS-APPELLANTS, ET AL., DEFENDANTS. DONALD E. WILL, PLAINTIFF, v. WILL FOODS, LLC, DEFENDANT. (APPEAL NO. 2.) DONALD E. WILL, PLAINTIFF, v. WILL FOODS, LLC, DEFENDANT. (APPEAL NO. 3.)

PERADOTTO, J.P., CARNI, CURRAN, TROUTMAN, AND SCUDDER, JJ.

PRESENT:

Will Poultry Co., Inc. and Donald E. Will having moved to consolidate appeal Nos. 2 and 3, for an extension of time to perfect appeal Nos. 2 and 3, to expedite appeal Nos. 2 and 3 taken from an order and a judgment from Supreme Court entered in the Office of the Clerk of the County of Erie on July 1, 2016, and July 6, 2016, having moved to adjourn appeal No. 1 taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on December 10, 2015,

Now, upon reading and filing the affidavit of Pohlman, Esq., sworn to October 24, 2016, the notice of motion with proof of service thereof, and the affirmation of Brendan H. Little, Esq., dated November 3, 2016, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks to consolidate appeal Nos. 2 and 3 is granted, and the appeals taken herein from an order and a judgment entered July 1, 2016, and July 6, 2016, are hereby consolidated for the purposes of perfecting and arguing the appeals, and

It is further ORDERED that the motion insofar as it seeks an extension of time to perfect appeal Nos. 2 and 3 is granted, and appellant shall perfect the appeals on or before December 6, 2016, and, in the event of failure to so perfect, the appeals are hereby dismissed without further order, and

It is further ORDERED that the motion insofar as it seeks to expedite appeal Nos. 2 and 3 is granted on the condition that the appeals are perfected on or before December 6, 2016, and

It is further ORDERED that if appeal Nos. 2 and 3 are perfected on or before December 6, 2016, the appeals are added to the term of this Court commencing January 9, 2017, and

It is further ORDERED that appeal No. 1 is removed from the Court's day calendar for December 6, 2016, and is added to the term of this Court commencing January 9, 2017 to be argued together with appeal Nos. 2 and 3.

Entered: November 30, 2016

Frances E. Cafarell, Clerk