| LORI GARCEA, AS PARENT AND NATURAL GUARDIAN OF D. K. V ALLEN M. BATTISTA , MARK D. RIVOLI, MICHAEL B. RIVOLI AND THE |
| Motion No: NOS. CA 07-00103, CA 07-00414, AND CA 07-01738 |
| Slip Opinion No: 2007 NYSlipOp 81984(U) |
| Decided on October 23, 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 NOS. CA 07-00103, CA 07-00414, AND CA 07-01738
| LORI GARCEA, AS PARENT AND NATURAL GUARDIAN OF D. K., PLAINTIFF-RESPONDENT, V ALLEN M. BATTISTA, ET AL., DEFENDANTS, MARK D. RIVOLI, MICHAEL B. RIVOLI AND THE GATES PUB, INC., DEFENDANTS-APPELLANTS. |
Appellants having renewed the motion 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 Monroe on June 2, 2006, and to consolidate that appeal with the appeals taken from orders of the same court entered December 14, 2006 and July 26, 2007,
Now, upon reading and filing the affirmation of Chad M. Hummel dated October 2, 2007, the notice of motion with proof of service thereof, the opposing affirmation of
Michael A. Sciortino dated October 19, 2007, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, granted, and the appeals from the orders entered December 14, 2006, June 2, 2006, and July 26, 2007 are hereby consolidated for the purposes of perfecting and arguing the appeals, on the condition that appellants perfect the appeals on or before December 7, 2007.
Entered: October 23, 2007
JoAnn M. Wahl, Clerk