UTICA LAND EQUITIES, LLC V UTICA HOLDING COMPANY
Motion No: NOS. CA 09-00327, CA 09-01411, AND CA 09-01412
Slip Opinion No: 2009 NY Slip Op 89079(U)
Decided on November 17, 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.


November 17, 2009

PRESENT: HURLBUTT, J.P., PERADOTTO, CARNI, PINE, AND GORSKI, JJ.

DOCKET NOS. CA 09-00327, CA 09-01411, AND CA 09-01412

UTICA LAND EQUITIES, LLC, PLAINTIFF,

V

UTICA HOLDING COMPANY, DEFENDANT.



UTICA HOLDING COMPANY, COUNTERCLAIM PLAINTIFF-RESPONDENT,

V

COOLIDGE UTICA LLC, COUNTERCLAIM DEFENDANT-APPELLANT.


Appellant having moved to consolidate the appeals taken from orders and a judgment of the Supreme Court entered in the Office of the Clerk of the County of Herkimer on January 5, 2009, March 26, 2009 and April 13, 2009,

Now, upon reading and filing the affirmation of Douglas H. Zamelis dated November 12, 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 to the extent that the appeal from the order entered January 5, 2009 is hereby removed from the December 1, 2009 calendar of this Court and added to the January 22, 2010 day calendar.

Entered: November 17, 2009

Patricia L. Morgan, Clerk