TRACI BUTLER V STAGECOACH GROUP, PLC, COACH USA, INC., INDIVIDUALLY AND DOING BUSINESS AS COACH CANADA, INC.
Motion No: NOS. CA 09-01531, CA 09-01532, CA 09-01533, CA 09-01534, CA 09-01535, CA 09-01536, CA 09-01537, CA 09-01538, AND CA 09-01539
Slip Opinion No: 2009 NY Slip Op 81527(U)
Decided on August 20, 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.


August 20, 2009

PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, GREEN, AND PINE, JJ.

DOCKET NOS. CA 09-01531, CA 09-01532, CA 09-01533, CA 09-01534, CA 09-01535, CA 09-01536, CA 09-01537, CA 09-01538, AND CA 09-01539
DOCKET NOS. CA 09-01531, CA 09-01532, CA 09-01533, CA 09-01534, CA 09-01535, CA 09-01536, CA 09-01537, CA 09-01538, AND CA 09-01539
DOCKET NOS. CA 09-01531, CA 09-01532, CA 09-01533, CA 09-01534, CA 09-01535, CA 09-01536, CA 09-01537, CA 09-01538, AND CA 09-01539

TRACI BUTLER, PLAINTIFF-APPELLANT,

V

STAGECOACH GROUP, PLC, COACH USA, INC., INDIVIDUALLY AND

DOING BUSINESS AS COACH CANADA, INC.,

TRENTWAY-WAGAR, INC., ERIE COACH LINES COMPANY,

RYAN A. COMFORT, DEFENDANTS-RESPONDENTS,

ET AL., DEFENDANTS.

(APPEAL NO. 1.)

TRACI BUTLER, PLAINTIFF-APPELLANT,

V

STAGECOACH GROUP, PLC, ET AL., DEFENDANTS,

J & J HAULING, INC., JOSEPH R. FRENCH, INDIVIDUALLY AND DOING BUSINESS

AS J & J TRUCKING, INC., AND/OR J & J HAULING, INC., AND PAMELA ZEISET, AS

ADMINSTRATRIX OF THE ESTATE OF ERNEST D. ZEISET, JR. (DECEASED),

DEFENDANTS-RESPONDENTS.

(APPEAL NO. 2.)

TRACI BUTLER, PLAINTIFF-APPELLANT,

V

STAGECOACH GROUP, PLC, COACH USA, INC., INDIVIDUALLY AND DOING

BUSINESS AS COACH CANADA, INC., TRENTWAY-WAGAR, INC., ERIE COACH

LINES COMPANY, RYAN A. COMFORT, DEFENDANTS-RESPONDENTS,

ET AL. DEFENDANTS.

(APPEAL NO. 3.)

AUGUST 20, 2009

PAGE 2

COURTNEY COWAN, KELLY COWAN AND BRIAN COWAN,

PLAINTIFFS-APPELLANTS,

V

STAGECOACH GROUP, PLC, COACH USA, INC., INDIVIDUALLY AND DOING

BUSINESS AS COACH CANADA, INC.,

TRENTWAY-WAGAR, INC., ERIE COACH LINES COMPANY,

RYAN A. COMFORT, DEFENDANTS-RESPONDENTS,

ET AL., DEFENDANTS.

(APPEAL NO. 4.)

COURTNEY COWAN, KELLY COWAN AND BRIAN COWAN,

PLAINTIFFS-APPELLANTS,

V

STAGECOACH GROUP, PLC, ET AL., DEFENDANTS,

J & J HAULING, INC., JOSEPH R. FRENCH, INDIVIDUALLY AND DOING BUSINESS

AS J & J TRUCKING, INC., AND/OR J & J HAULING, INC., AND PAMELA ZEISET, AS

ADMINSTRATRIX OF THE ESTATE OF ERNEST D. ZEISET, JR. (DECEASED),

DEFENDANTS-RESPONDENTS.

(APPEAL NO. 5.)

COURTNEY COWAN, KELLY COWAN, AND

BRIAN COWAN, PLAINTIFFS-APPELLANTS,

V

STAGECOACH GROUP, PLC, COACH USA, INC., INDIVIDUALLY AND DOING

BUSINESS AS COACH CANADA, INC.,

TRENTWAY-WAGAR, INC., ERIE COACH LINES COMPANY,

RYAN A. COMFORT, DEFENDANTS-RESPONDENTS,

ET AL., DEFENDANTS.

(APPEAL NO. 6.)

AUGUST 20, 2009

PAGE 3

MEAGAN GODWIN, CARRIE LONG, AND

CARLEIGH WELDON, PLAINTIFFS-APPELLANTS,

V

STAGECOACH GROUP, PLC, COACH USA, INC., INDIVIDUALLY AND DOING

BUSINESS AS COACH CANADA, INC.,

TRENTWAY-WAGAR, INC., ERIE COACH LINES COMPANY,

RYAN A. COMFORT, DEFENDANTS-RESPONDENTS,

ET AL., DEFENDANTS.

(APPEAL NO. 7.)

MEAGAN GODWIN, CARRIE LONG, AND

CARLEIGH WELDON, PLAINTIFFS-APPELLANTS,

V

STAGECOACH GROUP, PLC, ET AL., DEFENDANTS,

J & J HAULING, INC., JOSEPH R. FRENCH, INDIVIDUALLY AND DOING BUSINESS

AS J & J TRUCKING, INC., AND/OR J & J HAULING, INC., AND PAMELA ZEISET, AS

ADMINSTRATRIX OF THE ESTATE OF ERNEST D. ZEISET, JR. (DECEASED),

DEFENDANTS-RESPONDENTS.

(APPEAL NO. 8.)

MEAGAN GODWIN, CARRIE LONG, AND

CARLEIGH WELDON, PLAINTIFFS-APPELLANTS,

V

STAGECOACH GROUP, PLC, COACH USA, INC., INDIVIDUALLY AND DOING

BUSINESS AS COACH CANADA, INC.,

TRENTWAY-WAGAR, INC., ERIE COACH LINES COMPANY,

RYAN A. COMFORT, DEFENDANTS-RESPONDENTS,

ET AL. DEFENDANTS.

(APPEAL NO. 9.)


DOCKET NOS. CA 09-01531, CA 09-01532, CA 09-01533, CA 09-01534, CA 09-01535, CA 09-01536, CA 09-01537, CA 09-01538, AND CA 09-01539

AUGUST 20, 2009

PAGE 4

Petitioners having moved to consolidate the appeals taken from orders of the Supreme Court entered in the Office of the Clerk of the County of Livingston on March 24, 2009, and for permission to file and serve a record containing the motion papers filed in Butler v Stagecoach Group. PLC only,

Now, upon reading and filing the affidavit of Lawrence T. D'Aloise, Jr. sworn to July 24, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Anthony J. Piazza dated August 3, 2009, the reply affidavit of Lawrence T. D'Aloise, Jr. sworn to August 5, 2009, 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 entered March 24, 2009 are hereby consolidated for the purposes of perfecting and arguing the appeals, with a record on appeal as set forth above.

Entered: August 20, 2009

Patricia L. Morgan, Clerk