| EMERGENCY ENCLOSURES, INC., V NATIONAL FIRE ADJUSTMENT CO., INC. AND MASTER CARE RESTORATION, INC. EMERGENCY |
| Motion No: NOS. CA 09-00309 AND CA 09-00311 |
| Slip Opinion No: 2009 NYSlipOp 64562(U) |
| Decided on February 19, 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. |
PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NOS. CA 09-00309 AND CA 09-00311
| EMERGENCY ENCLOSURES, INC., PLAINTIFF-APPELLANT-RESPONDENT, V
NATIONAL FIRE ADJUSTMENT CO., INC., DEFENDANT-APPELLANT, AND MASTER CARE RESTORATION, INC., DEFENDANT-RESPONDENT. (APPEAL NO.
1.) EMERGENCY ENCLOSURES, INC., PLAINTIFF-RESPONDENT, V NATIONAL FIRE ADJUSTMENT CO., INC., DEFENDANT-APPELLANT, ET AL.,
DEFENDANT. (APPEAL NO. 2.) |
Defendant-appellant having moved to consolidate the appeals taken from an order and a judgment and order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on May 13, 2008 and November 10, 2008, and for an extension of time to perfect the appeals,
Now, upon reading and filing the affirmation of Roy Z. Rotenberg dated February 6, 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 from the order and the order and judgment entered May 13, 2008 and November 10, 2008 are hereby consolidated for the purposes of perfecting and arguing the appeals, defendant-appellant shall perfect the appeals on or before April 29, 2009 and, in the event of failure to so perfect, the appeals are hereby dismissed without further order.
Entered: February 19, 2009
JoAnn M. Wahl, Clerk