| LORI D. RIZZO V FRANK L. RIZZO |
| Motion No: NOS. CA 07-00461 AND CA 08-00730 |
| Slip Opinion No: 2008 NYSlipOp 68874(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. |
PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NOS. CA 07-00461 AND CA 08-00730
| LORI D. RIZZO, PLAINTIFF-RESPONDENT, V FRANK L. RIZZO,
DEFENDANT-APPELLANT. |
Appellant having moved 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 January 25, 2007, and for other relief,
Now, upon reading and filing the affidavit of Frank L. Rizzo sworn to March 27, 2008, the affidavit of Richard A. Kaul sworn to March 27, 2008, the notice of motion with proof of service thereof, 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 order entered January 25, 2007 and the judgment of the same Court entered March 20, 2007 are hereby consolidated for the purposes of perfecting and arguing the appeals, on the condition that appellant perfect the appeals on or before June 6, 2008
Entered: April 8, 2008
JoAnn M. Wahl, Clerk