NANCY MCAULEY ALSO KNOWN AS MCCAULEY, JAMES MCAULEY ALSO KNOWN AS MCCAULEY, SEAMUS MCAULEY ALSO KNOWN AS MCCAULEY, AN
Motion No: NOS. CA 08-00882 AND CA 08-00884
Slip Opinion No: 2008 NYSlipOp 72707(U)
Decided on May 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.


May 14, 2008

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

DOCKET NOS. CA 08-00882 AND CA 08-00884
DOCKET NOS. CA 08-00882 AND CA 08-00884PAGE 2

NANCY MCAULEY ALSO KNOWN AS MCCAULEY, JAMES MCAULEY ALSO

KNOWN AS MCCAULEY, SEAMUS MCAULEY ALSO KNOWN AS MCCAULEY,

AN INFANT BY HIS MOTHER AND NATURAL GUARDIAN NANCY MCAULEY

ALSO KNOWN AS MCCAULEY AND TROY HARRINGTON, AN INFANT BY

HIS MOTHER AND NATURAL GUARDIAN NANCY MCAULEY ALSO KNOWN AS

MCCAULEY, PLAINTIFFS-APPELLANTS,

V

JAMES SCHUM, SCOTT ZENKEL, STACEY'S CAMPER RENTAL AND

REPAIR, INC., FLEETWOOD ENTERPRISES, INC., JOHN DOE

(MANUFACTURER, DESIGNER, DISTRIBUTOR, RETAILER OR SELLER

AND/OR SUCCESSOR TO MANUFACTURER, DESIGNER, DISTRIBUTOR,

ASSEMBLER, RETAILER OR SELLER, OWNER, REPAIRER),

DEFENDANTS-RESPONDENTS,

ET AL., DEFENDANTS.



DEBBIE WHEATON, INDIVIDUALLY AND JAMIE WHEATON, AN INFANT

BY HER MOTHER AND NATURAL GUARDIAN DEBBIE WHEATON,

PLAINTIFFS-APPELLANTS,

V

JAMES SCHUM, SCOTT ZENKEL, STACEY'S CAMPER RENTAL AND

REPAIR, INC., FLEETWOOD ENTERPRISES, INC., JOHN DOE

(MANUFACTURER, DESIGNER, DISTRIBUTOR, RETAILER OR SELLER

AND/OR SUCCESSOR TO MANUFACTURER, DESIGNER, DISTRIBUTOR,

ASSEMBLER, RETAILER OR SELLER, OWNER, REPAIRER),

DEFENDANTS-RESPONDENTS,

ET AL., DEFENDANTS.

(APPEAL NO. 1.)

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NANCY MCAULEY ALSO KNOWN AS MCCAULEY, JAMES MCAULEY ALSO KNOWN AS MCCAULEY, SEAMUS MCAULEY ALSO KNOWN AS MCCAULEY, AN INFANT BY HIS MOTHER AND NATURAL GUARDIAN NANCY MCAULEY ALSO KNOWN AS MCCAULEY AND TROY HARRINGTON, AN INFANT BY HIS MOTHER AND NATURAL GUARDIAN NANCY MCAULEY ALSO KNOWN AS MCCAULEY, PLAINTIFFS-APPELLANTS,

V

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

JAMES SCHUM, SCOTT ZENKEL, STACEY'S CAMPER RENTAL AND REPAIR, INC., FLEETWOOD ENTERPRISES, INC., JOHN DOE (MANUFACTURER, DESIGNER, DISTRIBUTOR, RETAILER OR SELLER AND/OR SUCCESSOR TO MANUFACTURER, DESIGNER, DISTRIBUTOR, ASSEMBLER, RETAILER OR SELLER, OWNER, REPAIRER), DEFENDANTS-RESPONDENTS,

ET AL., DEFENDANTS.

(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 June 15, 2007 and January 29, 2008, for an extension of time to perfect the first appeal, and for an extension of time to serve the first notice of appeal,

Now, upon reading and filing the affirmation of Debra A. Norton dated April 18, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Philip C. Barth, III dated April 23, 2008, the opposing affirmation of Gary J. O'Donnell dated April 30, 2008, the reply affirmation of Debra A. Norton dated May 9, 2008, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, granted, the appeals from the orders entered June 15, 2007 and January 29, 2008 are hereby consolidated for the purposes of perfecting and arguing the appeals, appellants shall perfect the appeals on or before July 14, 2008 and, in the event of failure to so perfect, the appeals are hereby dismissed without further order and

It is further ORDERED that appellants shall serve upon the attorney for each respondent a copy of the notice of appeal filed July 20, 2007 on or before June 13, 2008 (see CPLR 5520 [a]).

Entered: May 14, 2008

JoAnn M. Wahl, Clerk