JAY N JEN, INC. V POLGE SEAFOOD DISTRIBUTING, INC., AND TIMOTHY J. POLGE
Motion No: NOS. CA 09-00518 AND CA 09-00519
Slip Opinion No: 2009 NYSlipOp 67041(U)
Decided on March 18, 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.


March 18, 2009

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

DOCKET NOS. CA 09-00518 AND CA 09-00519

JAY N JEN, INC., PLAINTIFF-APPELLANT,

V

POLGE SEAFOOD DISTRIBUTING, INC., AND

TIMOTHY J. POLGE, DEFENDANTS-RESPONDENTS.


Appellant having moved to consolidate the appeals taken from an order and an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on January 12, 2009 and January 13, 2009,

Now, upon reading and filing the affidavit of Robert B. Cox sworn to February 25, 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 and the appeals from the order and the order and judgment entered January 12, 2009 and January 13, 2009 are hereby consolidated for the purposes of perfecting and arguing the appeals.

Entered: March 18, 2009

JoAnn M. Wahl, Clerk