| CHRISTINA L. HERDENDORF V GEICO INSURANCE COMPANY CHRISTINA L. HERDENDORF V JESSE JANSKY AND GEICO INSURANCE COMPANY |
| Motion No: NOS. CA 09-02290 AND CA 09-02293 |
| Slip Opinion No: 2009 NY Slip Op 90187(U) |
| Decided on December 2, 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, SMITH, AND CENTRA, JJ.
DOCKET NOS. CA 09-02290 AND CA 09-02293
| CHRISTINA L. HERDENDORF, PLAINTIFF-RESPONDENT, V GEICO
INSURANCE COMPANY, DEFENDANT-APPELLANT. CHRISTINA L. HERDENDORF, PLAINTIFF-RESPONDENT, V JESSE JANSKY AND GEICO INSURANCE
COMPANY, DEFENDANTS-APPELLANTS. |
Appellants having moved to settle the record on the appeals taken from orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on June 16, 2009 and October 2, 2009,
Now, upon reading and filing the affirmation of Kevin E. Loftus dated November 10, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Timothy G. O'Connell sworn to November 17, 2009, the reply affirmation of Kevin E. Loftus dated November 18, 2009, 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 order entered June 16, 2009 is hereby determined to be an appealable order (see Rogers v Motor Veh. Acc. & Indem. Corp., 300 AD2d 1000, 1001 [2002]), and, if the parties are unable to agree and stipulate to the contents of the complete record on appeal, the contents of the record shall be settled by Supreme Court pursuant to 22 NYCRR 1000.4 (a) (1) (ii).
Entered: December 2, 2009
Patricia L. Morgan, Clerk