| ALAN J. HERDZIK, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN OF SCOTT HERDZIK V TOM CHOJNACKI AND CHERYL CHOJNACKI |
| Motion No: CA 08-02182 AND CA 08-02183 |
| Slip Opinion No: 2008 NYSlipOp 89516(U) |
| Decided on November 18, 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 NO. CA 08-02182 AND CA 08-02183
| ALAN J. HERDZIK, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN
OF SCOTT HERDZIK, PLAINTIFF-APPELLANT, V TOM CHOJNACKI AND CHERYL CHOJNACKI, INDIVIDUALLY AND AS PARENTS AND NATURAL
GUARDIANS OF DEREK CHOJNACKI, JAMES LOMMER, SR., AND MARIA LOMMER, INDIVIDUALLY AND AS PARENTS AND NATURAL GUARDIANS OF JAMES
LOMMER, JR., DEFENDANTS-RESPONDENTS, ET AL., DEFENDANTS. (APPEAL NO. 1) ALAN J. HERDZIK, INDIVIDUALLY AND AS PARENT AND
NATURAL GUARDIAN OF SCOTT HERDZIK, PLAINTIFF-APPELLANT, V JAMES LOMMER, SR. AND MARIA LOMMER,
DEFENDANTS-RESPONDENTS. (APPEAL NO. 2) |
Appellant having moved to consolidate the appeals taken from an order and a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on May 15, 2008 and August 28, 2008,
Now, upon reading and filing the affirmation of Arthur A. Herdzik dated October 20, 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 order and the judgment entered May 15, 2008 and August 28, 2008 are hereby consolidated for the purposes of perfecting and arguing the appeals.
Entered: November 18, 2008
JoAnn M. Wahl, Clerk