JOHN M. SUMMERS V THE CITY OF ROCHESTER, THE MAYOR OF THE CITY OF ROCHESTER, AND EXPORT FINANCE INSURANCE CORPORATION
Motion No: NOS. CA 08-01032 AND CA 08-01048
Slip Opinion No: 2008 NYSlipOp 74685(U)
Decided on June 2, 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.


June 2, 2008

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

DOCKET NOS. CA 08-01032 AND CA 08-01048

JOHN M. SUMMERS, PLAINTIFF-APPELLANT,

V

THE CITY OF ROCHESTER, THE MAYOR OF THE CITY OF ROCHESTER,

AND EXPORT FINANCE INSURANCE CORPORATION,

DEFENDANTS-RESPONDENTS.

(APPEAL NO. 1.)



JOHN M. SUMMERS, PLAINTIFF-APPELLANT,

V

THE CITY OF ROCHESTER, ET AL., DEFENDANTS, AND EXPORT FINANCE INSURANCE CORPORATION, DEFENDANT-RESPONDENT.

(APPEAL NO. 2.)


Appellant 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 11, 2008 and February 27, 2008,

Now, upon reading and filing the affidavit of Philip G. Spellane sworn to May 8, 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 entered February 11, 2008 and February 27, 2008 are hereby consolidated for the purposes of perfecting and arguing the appeals.

Entered: June 2, 2008

JoAnn M. Wahl, Clerk