WILLIAM H. THOMPSON AND WALTER TOOMBS V MICHAEL P. MCQUEENY, MICHAEL SERVENTI, DOUGLAS M. VANOORT, JENNIFER CHALMERS
Motion No: NOS. CA 08-00274, CA 08-00699, AND CA 08-00700
Slip Opinion No: 2008 NYSlipOp 69335(U)
Decided on April 14, 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 14, 2008

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

DOCKET NOS. CA 08-00274, CA 08-00699, AND CA 08-00700

WILLIAM H. THOMPSON AND WALTER TOOMBS,

PLAINTIFFS-RESPONDENTS,

V

MICHAEL P. MCQUEENY, MICHAEL SERVENTI, DOUGLAS M. VANOORT,

JENNIFER CHALMERS BALBACH, 331 HOLDING, INC.,

SUMMER STREET CAPITAL FUND I, LP, SUMMER STREET CAPITAL NYS

FUND, LP, RAND CAPITAL SBIC, LP, RAND CAPITAL CORPORATION,

AND ONONDAGA VENTURE CAPITAL FUND, INC.,

DEFENDANTS-APPELLANTS.


Appellants having moved to consolidate the appeals taken from orders and a judgment of the Supreme Court entered in the Office of the Clerk of the County of Monroe on November 8, 2007, February 27, 2008 and March 3, 2008,

Now, upon reading and filing the affirmation of Jerauld E. Brydges dated March 31, 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 orders and judgment entered November 8, 2007, February 27, 2008 and March 3, 2008 are hereby consolidated for the purposes of perfecting and arguing the appeals.

Entered: April 14, 2008

JoAnn M. Wahl, Clerk