| JACQULYN A. MERCHANT V C.F. DEMARTINO AND JENNIFER L. RICE JACQULYN A. MERCHANT V C.F. DEMARTINO (APPEAL NO. 2.). |
| Motion No: NOS. CA 08-01997 AND CA 08 0002539 |
| Slip Opinion No: 2008 NYSlipOp 92886(U) |
| Decided on December 23, 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 08-01997 AND CA 08 0002539
| JACQULYN A. MERCHANT, PLAINTIFF-APPELLANT, V C.F. DEMARTINO,
DEFENDANT, AND JENNIFER L. RICE, DEFENDANT-RESPONDENT. (APPEAL NO. 1.) JACQULYN A. MERCHANT, PLAINTIFF-APPELLANT, V
C.F. DEMARTINO, DEFENDANT-RESPONDENT, ET AL. DEFENDANT (APPEAL NO. 2.). |
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 Niagara on April 21, 2008 and March 26, 2008, and for and extension of time to perfect the appeals,
Now, upon reading and filing the affidavit of William R. Falcone sworn to December 4, 2008, the notice of motion with proof of service thereof, the opposing affidavit of Kelly J. Philips sworn to December 17, 2008, 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 April 21, 2008 and March 26, 2008 are hereby consolidated for the purposes of perfecting and arguing the appeals, and the ordering paragraph of the order of this Court entered October 7, 2008 is hereby amended by deleting the date December 5, 2008 and inserting in its place the date February 5, 2009.
Entered: December 23, 2008
JoAnn M. Wahl, Clerk