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

DOCKET NO. CA 08-01863

CHARLES R. MCLAUGHLIN AND CHERYL MCLAUGHLIN, PLAINTIFFS-RESPONDENTS, V MIDROX INSURANCE COMPANY, DEFENDANT-APPELLANT, RONALD D. BLODGETT, DAVID J. BLODGETT AND RONALD D. BLODGETT AND DAVID J. BLODGETT, DOING BUSINESS AS BLODGETT BROTHERS PARTNERSHIPS, DEFENDANTS-RESPONDENTS.

Respondents Ronald D. Blodgett and David J. Blodgett having moved to dismiss the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Ontario on November 1, 2007, on the ground that an appeal no longer lies from the order, and appellant having cross-moved to consolidate that appeal with its appeal from an order of the same Court entered September 15, 2008 (Docket No. CA 08-02196),

Now, upon reading and filing the affirmation of Peter K. Skivington dated October 7, 2008, the notice of motion with proof of service thereof, the opposing affidavit of Melissa J. Smallacombe sworn to October 23, 2008, the notice of cross 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, denied, and the cross motion is granted to the extent that the appeal in Docket No. CA 08-01863 is removed from the calendar for the term of this Court commencing January 12, 2009, and shall be added to the calendar along with the appeal in Docket No. CA 08-02196 when appellant perfects the latter appeal.

Entered: October 28, 2008

JoAnn M. Wahl, Clerk