McDonald v Mauss
Motion No: 2005-04233 +1
Slip Opinion No: 2006 NYSlipOp 60737(U)
Decided on January 17, 2006
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M34898

C/sl

STEPHEN G. CRANE, J.P.

GABRIEL M. KRAUSMAN

REINALDO E. RIVERA

MARK C. DILLON, JJ.

2005-04233

Michael McDonald, appellant, v

Eric D. Mauss, respondent, et al., defendants;

Consolidated Edison Company of New York,

defendant third-party plaintiff; Tri-Messine

Construction Co., et al., defendants third-party

defendants.

(Appeal No. 1)

2005-07602

Michael McDonald, respondent, v

Eric D. Mauss, respondent, Consolidated Edison

Company of New York, defendant third-party

plaintiff-appellant, et al., defendants third-party

defendants-appellants.

(Appeal No. 2)

(Index No. 31189/02)

DECISION & ORDER ON MOTION

Motion by Consolidated Edison Company of New York to consolidate an appeal from an order of the Supreme Court, Queens County, dated March 24, 2005 (Appellate Division Docket No. 2005-04233) with appeals from an order of the same court dated June 6, 2005 (Appellate Division Docket No. 2005-07602).

Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED that on the court's own motion, the appeals shall be calendared together, and shall be argued or submitted on the same day.

CRANE, J.P., KRAUSMAN, RIVERA and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court