| KENNETH BURNS AND JULIA BURNS V CITY OF BATAVIA , AND ERDMAN, ANTHONY AND ASSOCIATES, INC |
| Motion No: NOS. CA 09-00671 AND CA 09-00672 |
| Slip Opinion No: 2009 NY Slip Op 75444(U) |
| Decided on June 16, 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 09-00671 AND CA 09-00672
| KENNETH BURNS AND JULIA BURNS, PLAINTIFFS-APPELLANTS, V CITY
OF BATAVIA, ET AL., DEFENDANTS, AND ERDMAN, ANTHONY AND ASSOCIATES, INC, DEFENDANT-RESPONDENT. KENNETH BURNS AND JULIA
BURNS, PLAINTIFFS-APPELLANTS, V CITY OF BATAVIA, CITY OF BATAVIA DEPARTMENT OF PUBLIC WORKS, DEFENDANTS-RESPONDENTS,
ET AL., DEFENDANT. |
Appellants having moved to consolidate the appeals taken from an order and an amended judgment of the Supreme Court entered in the Office of the Clerk of the County of Genesee on November 10, 2008 and December 12, 2008,
Now, upon reading and filing the affidavit of John A. Collins sworn to June 2, 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 amended judgment entered November 10, 2008 and December 12, 2008 are hereby consolidated for the purposes of perfecting and arguing the appeals.
Entered: June 16, 2009
Patricia L. Morgan, Clerk