| PEOPLE V ALBERT SCERBO |
| Motion No: KA 08-00198 & KA 08-00199 |
| Slip Opinion No: 2008 NYSlipOp 65614(U) |
| Decided on February 29, 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. |
PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
KA 08-00198 & KA 08-00199
Indictment No: 2007-383-1
| PEOPLE OF THE STATE OF NEW YORK, APPELLANT, V ALBERT SCERBO,
DEFENDANT-RESPONDENT. |
Appellant having moved to consolidate the appeals taken from the orders of the Onondaga County Court entered in the Office of the Clerk of the County of Onondaga on November 27, 2007, and respondent having cross-moved to dismiss the appeal taken from the order dated July 9, 2007 and entered November 27, 2007,
Now upon reading and filing the affirmation of James P. Maxwell, dated January 25, 2008, the notice of motion with proof of service thereof, the affirmation of J. Scott Porter, dated February 8, 2008, the notice of cross-motion with proof of service thereof, the answering affirmation of James P. Maxwell, dated February 19, 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 November 27, 2007 are hereby consolidated for the purposes of perfecting and arguing the appeals, and
It is further ORDERED that the cross-motion is denied.
Entered: February 29, 2008
JoAnn M. Wahl, Clerk