| X-MED, INC. V WESTERN NEW YORK SPINE, INC. |
| Motion No: NOS. CA 09-01692 AND CA 09-01693 |
| Slip Opinion No: 2009 NY Slip Op 83273(U) |
| Decided on September 10, 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 09-01692 AND CA 09-01693
| X-MED, INC., PLAINTIFF-RESPONDENT, V WESTERN NEW YORK SPINE,
INC., DEFENDANT-APPELLANT. |
Appellant having moved to consolidate the appeals taken from an order and a judgment of the Supreme Court entered in the Office of the Clerk of the County of Monroe on June 5, 2009, and for an extension of time to perfect the appeals, and respondent having cross-moved to dismiss the appeals,
Now, upon reading and filing the affidavit of Thomas F. Knab sworn to August 13, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Andrew J. Ryan dated August 20, 2009, the notice of cross motion with proof of service thereof, the reply affidavit of Thomas F. Knab sworn to August 21, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the cross motion be, and the same hereby is, granted to the extent that the appeal from the order entered June 5, 2009 is hereby dismissed, and
It is further ORDERED that the motion be, and the same hereby is, dismissed as unnecessary.
Entered: September 10, 2009
Patricia L. Morgan, Clerk