NANCY KILGORE V BEVERLY SCOTT
Motion No: NOS. CA 08-01958 AND CA 08-02621
Slip Opinion No: 2009 NYSlipOp 60775(U)
Decided on January 13, 2009
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.


January 13, 2009

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

DOCKET NOS. CA 08-01958 AND CA 08-02621

NANCY KILGORE, PLAINTIFF-APPELLANT,

V

BEVERLY SCOTT, DEFENDANT-RESPONDENT.


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 Oneida on February 22, 2008 and August 26, 2008, and for an extension of time to perfect the appeals,

Now, upon reading and filing the affirmation of Andrew L. Spitz dated December 18, 2008, the notice of motion with proof of service thereof, the opposing affidavit of Timothy Brian O'Shea sworn to December 31, 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 order and judgment entered February 22, 2008 and August 26, 2008 are hereby consolidated for the purposes of perfecting and arguing the appeals, and the first ordering paragraph of the order of this Court entered October 6, 2008 is hereby amended by deleting the date December 22, 2008 and inserting in its place the date February 23, 2009.

Entered: January 13, 2009

JoAnn M. Wahl, Clerk