| ROGER M. MILLER, JR. V LUCILLE S. MAZUR JONATHAN M. URBAN, DONALD C. URBAN AND AARON KELLY |
| Motion No: CA 06-02395 |
| Slip Opinion No: 2007 NYSlipOp 81153(U) |
| Decided on October 15, 2007 |
| Appellate Division, Fourth 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. |
PRESENT: SCUDDER, P.J., HURLBUTT, GORSKI, MARTOCHE, AND SMITH, JJ.
DOCKET NO. CA 06-02395
| ROGER M. MILLER, JR., PLAINTIFF, V LUCILLE S. MAZUR, DEFENDANT, JONATHAN M. URBAN, DONALD C. URBAN, DEFENDANTS-APPELLANTS, AND AARON KELLY, DEFENDANT-RESPONDENT. |
Appellants having moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on August 7, 2006, and to consolidate that appeal with their appeals from an order of the same court entered
January 31, 2007 (docket No. CA 07-01986) and a judgment of the same court entered
February 20, 2007 (docket No. CA 07-01987),
Now, upon reading and filing the affirmation of Matthew S. Lerner dated
September 27, 2007, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, granted, and the appeals are hereby consolidated for the purposes of perfecting and arguing the appeals, on the condition that appellants perfect the appeals on or before December 14, 2007.
Entered: October 15, 2007
JoAnn M. Wahl, Clerk