| 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 66993(U) |
| Decided on March 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. |
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.) |
Plaintiff having moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court entered in the office of the Clerk of the County of Monroe on May 13, 2008, and to consolidate that appeal with the appeals taken by defendant National Fire Adjustment Co., Inc. from that order and an order and judgment of the same Court entered November 10, 2008,
Now, upon reading and filing the affirmation of Paul L. Leclair dated February 23, 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, on the condition that plaintiff perfect its appeal on or before April 29, 2009, and the appeals are hereby consolidated for the purposes of perfecting and arguing the appeals.
Entered: March 13, 2009
JoAnn M. Wahl, Clerk