LYNN JUDA V ANDREW DONOVAN (ACTION NO. 1.)
Motion No: NOS. CA 08-01749 AND CA 08-01750
Slip Opinion No: 2009 NYSlipOp 62847(U)
Decided on February 2, 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.


February 2, 2009

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

DOCKET NOS. CA 08-01749 AND CA 08-01750

LYNN JUDA, PLAINTIFF-RESPONDENT,

V

ANDREW DONOVAN, DEFENDANT-APPELLANT. (ACTION NO. 1.)



DAILY POST, LLC, PLAINTIFF,

V

LYNN JUDA, DEFENDANT. (ACTION NO. 2.) (APPEAL NO. 1)

LYNN JUDA, PLAINTIFF-RESPONDENT,

V

ANDREW DONOVAN, DEFENDANT-APPELLANT. (APPEAL NO. 2.)


Appellant having moved for an extension of time to perfect the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on April 4, 2008 (Docket No. CA 08-01750), and to consolidate that appeal with his appeal from an order of the same court entered July 16, 2008 (Docket No. CA 08-01749),

Now, upon reading and filing the affidavit of James W. Gormley sworn to January 22, 2009, 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

are hereby consolidated for the purposes of perfecting and arguing the appeals, appellant shall perfect the appeals on or before April 3, 2009, and, in the event of failure to so perfect, the appeals are hereby dismissed without further order.

Entered: February 2, 2009

JoAnn M. Wahl, Clerk