| GLEN POTTER, V JAY E. POTTER LUMBER CO., INC. AND JAMES LEATON, AND ALAN LEATON, DOING BUSINESS AS LEATON FARMS GLEN |
| Motion No: NOS. CA 09-00700 AND CA 09-01852 |
| Slip Opinion No: 2009 NY Slip Op 85315(U) |
| Decided on October 1, 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 09-00700 AND CA 09-01852
| GLEN POTTER, PLAINTIFF-APPELLANT-RESPONDENT, V JAY E. POTTER
LUMBER CO., INC., DEFENDANT-RESPONDENT, AND JAMES LEATON, AND ALAN LEATON, DOING BUSINESS AS LEATON FARMS,
DEFENDANTS-APPELLANTS. (APPEAL NO. 1.) GLEN POTTER, PLAINTIFF-RESPONDENT, V JAY E. POTTER LUMBER CO., INC.,
DEFENDANT-RESPONDENT, AND JAMES LEATON, AND ALAN LEATON, DOING BUSINESS AS LEATON FARMS, DEFENDANTS-APPELLANTS. (APPEAL
NO. 2.) |
Appellants James Leaton and Alan Leaton, d/b/a Leaton Farms having moved to consolidate the appeals taken from judgments of the Supreme Court entered in the Office of the Clerk of the County of Wyoming on March 26, 2009 and March 31, 2009,
Now, upon reading and filing the affidavit of Thomas E. Roberts sworn to September 14, 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 judgments entered March 26, 2009 and March 31, 2009 are hereby consolidated for the purposes of perfecting and arguing the appeals.
Entered: October 1, 2009
Patricia L. Morgan, Clerk