JOSEPH GENTILE V CAROL GENTILE
Motion No: NOS. CA 07-02389 AND CA 07-02702
Slip Opinion No: 2008 NYSlipOp 60668(U)
Decided on January 7, 2008
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.


January 7, 2008

PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.

DOCKET NOS. CA 07-02389 AND CA 07-02702

JOSEPH GENTILE, PLAINTIFF,

V

CAROL GENTILE, DEFENDANT.



JOSEPH GENTILE, THIRD-PARTY PLAINTIFF-APPELLANT,

V

JOSEPH L. KILBRIDGE, ESQ., AND PETER J. FIORELLA, JR.,

ESQ., THIRD-PARTY DEFENDANTS-RESPONDENTS.

(APPEAL NO. 1.)

—————————————————————— —————————————————————— -

JOSEPH GENTILE, PLAINTIFF-RESPONDENT-APPELLANT,

V

CAROL GENTILE, DEFENDANT-PETITIONER-RESPONDENT.

(APPEAL NO. 2.)


Appellant having moved to consolidate the appeals taken from orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on August 24, 2007 and

September 24, 2007,

Now, upon reading and filing the affidavit of Michael W. Rickard, II sworn to

December 21, 2007, the notice of motion with proof of service thereof, the opposing affidavit of Steven R. Sugarman sworn to January 3, 2008, the opposing affidavit of J. Michael Lennon sworn to January 2, 2008, 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 August 24, 2007 and September 24, 2007 are hereby consolidated for the purposes of perfecting and arguing the appeals.

Entered: January 7, 2008

JoAnn M. Wahl, Clerk