LIZA A. TURNER, AS ADMINISTRATRIX OF ESTATE OF BRIAN K. TURNER, AND LIZA A. TURNER, INDIVIDUALLY AND AS PARENT AND
Motion No: NOS. CA 09-00412 AND CA 09-00423
Slip Opinion No: 2009 NY Slip Op 76296(U)
Decided on June 22, 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.


June 22, 2009

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

DOCKET NOS. CA 09-00412 AND CA 09-00423

LIZA A. TURNER, AS ADMINISTRATRIX OF ESTATE OF BRIAN K.

TURNER, AND

LIZA A. TURNER, INDIVIDUALLY AND AS PARENT AND NATURAL

GUARDIAN OF COURTNEY TURNER, JONATHAN TURNER, TYLER TURNER

AND ANDREW TURNER, INFANTS UNDER 14 YEARS OF AGE,

PLAINTIFF-RESPONDENT-APPELLANT

V

STEVE M. VULCAN, ET AL., DEFENDANTS,

HEARNS SHOWBOAT, INC.,

AMERICAN LEGION VERNICE SUTTLE POST NO. 113,

JAMES VULCAN, DEFENDANTS-RESPONDENTS,

AND BALDWINSVILLE LODGE NO. 644,LOYAL ORDER OF MOOSE,

DEFENDANT-APPELLANT-RESPONDENT.

MICHAEL SOBLES, AS BENEFICIARY AND ADMINISTRATOR OF THE ESTATE OF

ROSE MARIE WILLIAMS, PLAINTIFF-RESPONDENT-APPELLANT,

V

STEVEN M. VULCAN, ET AL., DEFENDANTS,

BALDWINSVILLE LODGE NO. 644, LOYAL ORDER OF MOOSE,

DEFENDANT-APPELLANT-RESPONDENT,

AMERICAN LEGION VERNICE SUTTLE POST NO. 113, HEARNS SHOWBOAT,

INC., AND JAMES VULCAN, DEFENDANTS-RESPONDENTS


Appellant-respondent having moved to consolidate the appeals taken from orders of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on December 1, 2008, for an extension of time to perfect the appeals, and to expedite oral argument of the appeals,

Now, upon reading and filing the affirmation of Lena Holubnyczyj dated June 10, 2009, the notice of motion with proof of service thereof, the affirmation of John J. Marzocchi dated

June 18, 2009, and due deliberation having been had thereon,

DOCKET NOS. CA 09-00412 AND CA 09-00423

JUNE 22, 2009

PAGE 2

It is hereby ORDERED that the motion be, and the same hereby is, granted to the extent that the appeals from the orders entered December 1, 2008 are hereby consolidated for the purposes of perfecting and arguing the appeals, and the ordering paragraphs of the orders of this Court entered March 13, 2009 are hereby amended by deleting the date May 11, 2009 and inserting in its place the date July 22, 2009

, and the motion is otherwise dismissed as premature.

Entered: June 22, 009Patricia L. Morgan, Clerk