| 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 85854(U) |
| Decided on October 13, 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 09-01832 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- RESPONDENTS, V EVERDRY MARKETING AND MANAGEMENT,
INC, ET AL., DEFENDANTS, CONTINENTAL CASUALTY COMPANY, TRANSPORTATION INSURANCE COMPANY, AND AMERICAN CASUALTY COMPANY OF
READING, PA, DEFENDANTS-RESPONDENTS-APPELLANTS. (APPEAL NO. 2.) |
Defendants Continental Casualty Company, Transportation Insurance Company, and American Casualty Company of Reading, PA having moved to consolidate their cross appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on June 12, 2009 with the appeals taken from that order and the order of the same Court entered December 29, 2008,
Now, upon reading and filing the affirmation of Dean J. Vigliano dated September 28, 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 cross appeal is hereby consolidated with the appeals from the orders entered December 29, 2008 and June 12, 2009 for the purposes of perfecting and arguing the appeals and cross appeal.
Entered: October 13, 2009
Patricia L. Morgan, Clerk