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

DOCKET NOS. CA 09-02002 AND CA 09-02003

IN THE MATTER OF THE LLOYD F. MARTIN, JR., ANDREW M. ZOMBEK, AND SHEANA M. ZOMBEK, PETITIONERS-APPELLANTS, FOR THE JUDICIAL DISSOLUTION OF HENDERSON-JOHNSON, CO., INC., RESPONDENT-RESPONDENT. (APPEAL NO. 1.) R. TODD HENDERSON AND THAD M. COLLUM, PLAINTIFFS-RESPONDENTS V LLOYD F. MARTIN, JR., INDIVIDUALLY AND AS PRESIDENT OF HENDERSON-JOHNSON CO., INC., DEFENDANT-APPELLANT, ET AL., DEFENDANTS. (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 Onondaga on August 17, 2009 and July 20, 2009, and for a stay of proceedings directed by the order entered August 17, 2009, and respondents having cross-moved to adjourn the return date of the motion,

Now, upon reading and filing the affirmation of Thomas C. Buckel, Jr. dated October 1, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Jon P. Devendorf dated October 18, 2009, the notice of cross 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 to the extent that the appeals from the orders entered August 17, 2009 and July 20, 2009 are hereby consolidated for the purposes of perfecting and arguing the appeals, and the motion is otherwise denied (see Rhodes v Mosher, 115 AD2d 351 [1985]), and

It is further ORDERED that the cross motion be, and the same hereby is, denied.

Entered: October 21, 2009

Patricia L. Morgan, Clerk