JIOVON ANONYMOUS, A MINOR BY AND THROUGH HIS FATHER AND LEGAL GUARDIAN, THOMAS ANONYMOUS, AND THOMAS ANONYMOUS
Motion No: NOS. CA 07-02672 AND CA 08-00508
Slip Opinion No: 2008 NYSlipOp 68860(U)
Decided on April 8, 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.


April 8, 2008

PRESENT: HURLBUTT, J.P., MARTOCHE, LUNN, GREEN, AND GORSKI, JJ.

DOCKET NOS. CA 07-02672 AND CA 08-00508

JIOVON ANONYMOUS, A MINOR BY AND THROUGH HIS FATHER AND

LEGAL GUARDIAN, THOMAS ANONYMOUS, AND THOMAS ANONYMOUS,

INDIVIDUALLY, PLAINTIFF-APPELLANT,

V

CITY OF ROCHESTER, HONORABLE ROBERT DUFFY, IN HIS OFFICIAL

CAPACITY AS MAYOR OF CITY OF ROCHESTER, AND

DAVID MOORE, IN HIS OFFICIAL CAPACITY AS CHIEF OF POLICE OF

CITY OF ROCHESTER, DEFENDANTS-RESPONDENTS.

(APPEAL NO. 1.)



JIOVON ANONYMOUS AND THOMAS ANONYMOUS, PLAINTIFFS-APPELLANTS,

V

CITY OF ROCHESTER, HONORABLE ROBERT DUFFY, IN HIS OFFICIAL CAPACITY AS MAYOR OF CITY OF ROCHESTER, AND DAVID MOORE, IN HIS OFFICIAL CAPACITY AS CHIEF OF POLICE OF CITY OF ROCHESTER, DEFENDANTS-RESPONDENTS.

(APPEAL NO. 2.)


Appellants having moved to consolidate the appeals taken from orders of the Supreme Court entered in the Office of the Clerk of the County of Monroe on February 20, 2007 and December 10, 2007,

Now, upon reading and filing the affirmation of Michael A. Burger dated March 6, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Michele Romance Crain dated March 20, 2008, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, denied, and

It is further ORDERED that the appeal form the order entered December 10, 2007 shall be added to the day calendar of this Court for May 15, 2008, to be argued with the appeal from the order entered February 20, 2007.

Entered: April 8, 2008

JoAnn M. Wahl, Clerk