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 80118(U)
Decided on August 4, 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.


August 4, 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.)

——————————————————————& mdash;—————————————————————&m dash;————————————- 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.

——————————————————————& mdash;———— 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., AND JOHN DOE (MANUFACTURER, DESIGNER, DISTRIBUTOR, RETAILER OR SELLER AND/OR SUCCESSOR TO MANUFACTURER, DESIGNER, DISTRIBUTOR, ASSEMBLER, RETAILER OR SELLER, OWNER, REPAIRER), 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 June 15, 2007 and January 29, 2008, and for an extension of time to perfect the appeals,

Now, upon reading and filing the affirmation of Debra A. Norton dated July 14, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Melanie S. Wolk dated July 25, 2008, the reply affirmation of Debra A. Norton dated August 1, 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, and the first ordering paragraph of the order of this Court entered May 14, 2008 is hereby amended by deleting the date July 14, 2008 and inserting in its place the date September 15, 2008.

Entered: August 4, 2008

JoAnn M. Wahl, Clerk