JOSEPH GENTILE V CAROL GENTILE
Motion No: CA 08-00195 AND CA 08-02032
Slip Opinion No: 2008 NYSlipOp 85822(U)
Decided on October 6, 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.


October 6, 2008

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

DOCKET NO. CA 08-00195 AND CA 08-02032

JOSEPH GENTILE, PLAINTIFF-APPELLANT,

V

CAROL GENTILE, DEFENDANT-RESPONDENT.


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 Erie on January 16, 2008 and July 7, 2008, for an extension of time to perfect the appeals, and for other relief,

Now, upon reading and filing the affidavit of Michael W. Rickard sworn to September 23, 2008, the notice of motion with proof of service thereof, the opposing affidavit of Steven R. Sugarman sworn to October 3, 2008, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, granted to the extent that the appeals from the orders entered January 16, 2008 and July 7, 2008 are hereby consolidated for the purposes of perfecting and arguing the appeals, appellant shall perfect the appeals on or before December 5, 2008 and, in the event of failure to so perfect, the appeals are hereby dismissed without further order, and the motion is otherwise dismissed as unnecessary.

Entered: October 6, 2008

JoAnn M. Wahl, Clerk