JOHN H. RING, III, AS TRUSTEE OF THE CHAPTER 7 BANKRUPTCY ESTATE OF ERIC GIERLINGER, AND ERIC GIERLINGER V JEFFREY
Motion No: NOS. CA 08-01394 AND CA 08 0001395
Slip Opinion No: 2008 NYSlipOp 82864(U)
Decided on September 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.


September 2, 2008

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

DOCKET NOS. CA 08-01394 AND CA 08 0001395

JOHN H. RING, III, AS TRUSTEE OF THE CHAPTER 7 BANKRUPTCY

ESTATE OF ERIC GIERLINGER, AND ERIC GIERLINGER,

PLAINTIFFS-RESPONDENTS,

V

JEFFREY BUSH, ALSO KNOWN AS JEFF BUSH, DEFENDANT-APPELLANT.



JEFFREY BUSH, ALSO KNOWN AS JEFF BUSH, THIRD-PARTY

PLAINTIFF-APPELLANT,

V

TOWN OF GAINESVILLE AND VILLAGE OF WARSAW, THIRD-PARTY

DEFENDANTS-RESPONDENTS.


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 Wyoming on January 21, 2008 and February 20, 2008,

Now, upon reading and filing the affidavit of Mark J. Schaefer sworn to August 15, 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 January 21, 2008 and February 20, 2008 are hereby consolidated for the purposes of perfecting and arguing the appeals.

Entered: September 2, 2008

JoAnn M. Wahl, Clerk