| DAVID M. SMITH AND CHRISTINE L. SMITH, CLAIMANTS- V STATE OF NEW YORK |
| Motion No: NOS. CA 08-00696 AND CA 08-01705 |
| Slip Opinion No: 2008 NYSlipOp 85840(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. |
PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NOS. CA 08-00696 AND CA 08-01705
| DAVID M. SMITH AND CHRISTINE L. SMITH, CLAIMANTS-APPELLANTS,
V STATE OF NEW YORK, DEFENDANT-RESPONDENT. |
Appellants having moved to consolidate the appeals taken from orders of the Court of Claims entered in the Office of the Clerk of said Court on March 14, 2008 and July 15, 2008, and for an extension of time to perfect the appeals,
Now, upon reading and filing the affidavit of Dom Cambareri sworn to September 22, 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, the appeals from the orders entered March 14, 2008 and July 15, 2008 are hereby consolidated for the purposes of perfecting and arguing the appeals, appellants shall perfect the appeals on or before December 5, 2008 and, in the event of failure to perfect, the appeals are hereby dismissed without further order.
Entered: October 6, 2008
JoAnn M. Wahl, Clerk