IN THE MATTER OF THE APPLICATION OF DONALD L. LACY FOR THE APPOINTMENT OF A GUARDIAN OF THE PERSON AND PROPERTY OF
Motion No: NOS. CA 09-00631, CA 09-00632, AND CA 09-00633
Slip Opinion No: 2009 NY Slip Op 72901(U)
Decided on May 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.


May 13, 2009

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

DOCKET NOS. CA 09-00631, CA 09-00632, AND CA 09-00633

IN THE MATTER OF THE APPLICATION OF DONALD L. LACY,

PETITIONER-APPELLANT,

FOR THE APPOINTMENT OF A GUARDIAN OF THE PERSON AND

PROPERTY OF JESSIE D. L.

AN ALLEGED INCAPACITATED PERSON.



ROBERT J. MICELI, RESPONDENT. (APPEAL NO.1.)

IN THE MATTER OF THE APPLICATION OF DONALD L. LACY,

PETITIONER-APPELLANT,

FOR THE APPOINTMENT OF A GUARDIAN OF THE PERSON AND

PROPERTY OF JESSIE D. L.

AN ALLEGED INCAPACITATED PERSON.

————————————————-

ROBERT J. MICELI, RESPONDENT. (APPEAL NO. 2.)

ROBERT J. MICELI, AS GUARDIAN OF THE PERSON AND PROPERTY OF

JESSIE D. L., PLAINTIFF-RESPONDENT,

V

DONALD L. LACY AND PATRICIA FITZGERALD,

DEFENDANTS-APPELLANTS. (APPEAL NO. 3.)


Appellant having moved to consolidate the appeals taken from orders and judgments and an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on April 21, 2008, July 21, 2008 and January 28, 2009,

DOCKET NOS. CA 09-00631, CA 06-00632, AND CA 09-00633

Page 2, 2009

Now, upon reading and filing the affirmation of Frank A. Aloi dated March 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 orders and judgments and order entered April 21, 2008, July 21, 2008 and January 28, 2009 are hereby consolidated for the purposes of perfecting and arguing the appeals.

Entered: May 13, 2009

Patricia L. Morgan, Clerk