MATTHEW PERRINO V FRANCIS T. MAGUIRE, DDS, - .
Motion No: NOS. CA 08-00184 AND CA 08-00185
Slip Opinion No: 2008 NYSlipOp 63488(U)
Decided on February 11, 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.


February 11, 2008

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

DOCKET NOS. CA 08-00184 AND CA 08-00185

MATTHEW PERRINO, PLAINTIFF-RESPONDENT,

V

FRANCIS T. MAGUIRE, DDS, DEFENDANT-APPELLANT, ET AL.,

DEFENDANT.

(APPEAL NO. 1.)



MATTHEW PERRINO, PLAINTIFF-APPELLANT,

V

FRANCIS T. MAGUIRE, DDS, DEFENDANT, AND JEFFREY R. KUNTZ, DDS, DEFENDANT-RESPONDENT.

(APPEAL NO. 2.)


Defendant Francis T. Maguire, DDS 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

January 2, 2008,

Now, upon reading and filing the affidavit of Robert D. Barone sworn to

January 24, 2008, the notice of motion with proof of service thereof, the opposing affidavit of Jennifer L. Noah sworn to January 29, 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 January 2, 2008 are hereby consolidated for the purposes of perfecting and arguing the appeals.

Entered: February 11, 2008

JoAnn M. Wahl, Clerk