MICHAEL HENNER AND ELIZABETH HENNER V EVERDRY MARKETING AND MANAGEMENT, INC , AND GEMINI INSURANCE COMPANY MICHAEL
Motion No: NOS. CA 09-01832 AND CA 09-01833
Slip Opinion No: 2009 NY Slip Op 84148(U)
Decided on September 21, 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.


September 21, 2009

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

DOCKET NOS. CA 09-01832 AND CA 09-01833

MICHAEL HENNER AND ELIZABETH HENNER, PLAINTIFFS-APPELLANTS,

V

EVERDRY MARKETING AND MANAGEMENT, INC, ET AL., DEFENDANTS,

AND

GEMINI INSURANCE COMPANY, DEFENDANT-RESPONDENT.

(APPEAL NO. 1.)

MICHAEL HENNER AND ELIZABETH HENNER, PLAINTIFFS-APPELLANTS,

V

EVERDRY MARKETING AND MANAGEMENT, INC, ET AL., DEFENDANTS,

CONTINENTAL CASUALTY COMPANY,

TRANSPORTATION INSURANCE COMPANY, AND

AMERICAN CASUALTY COMPANY OF READING, PA, DEFENDANTS-RESPONDENTS.

(APPEAL NO.2.)


Appellants having moved to consolidate the appeals taken from orders of the Supreme Court entered in the Office of the Clerk of the County of Monroe on December 29, 2008 and June 12, 2009,

Now, upon reading and filing the affirmation of Alan J. Knauf dated September 10, 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 entered December 29, 2008 and June 12, 2009 are hereby consolidated for the purposes of perfecting and arguing the appeals.

Entered: September 21, 2009

Patricia L. Morgan, Clerk