| RAYMOND S. SWAN, JR. AND DORIS J. SWAN V ANDREW J. INGERSOLL AND NOCO EXPRESS, A DIVISION OF NOCO ENERGY CORP. |
| Motion No: NOS. CA 09-02227, CA 10-00040 AND CA 10-00041 |
| Slip Opinion No: 2010 NY Slip Op 61994(U) |
| Decided on January 12, 2010 |
| 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., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.
DOCKET NOS. CA 09-02227, CA 10-00040 AND CA 10-00041
| RAYMOND S. SWAN, JR. AND DORIS J. SWAN, PLAINTIFFS-RESPONDENTS,
V ANDREW J. INGERSOLL, DEFENDANT, AND NOCO EXPRESS, A DIVISION OF NOCO ENERGY CORP.,
DEFENDANT-RESPONDENT. |
Appellant having moved to consolidate the appeals taken from an order and judgments of the Supreme Court entered in the Office of the Clerk of the County of Erie on June 11, 2009, May 18, 2009, and July 9, 2009, and for an extension of time to perfect the appeals,
Now, upon reading and filing the affirmation of Matthew S. Lerner dated December 29, 2009, the notice of motion with proof of service thereof, the response affidavit of Terrance M. Connors sworn to January 8, 2010, 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 order and judgments entered June 11, 2009, May 18, 2009, and July 9, 2009 are hereby consolidated for the purposes of perfecting and arguing the appeals, and
It is further ORDERED that the motion be, and the same hereby is, granted to the extent that the ordering paragraph of the order of this Court entered November 16, 2009 is hereby amended by deleting the date January 29, 2010 and inserting in its place the date March 12, 2010.
Entered: January 12, 2010
Patricia L. Morgan, Clerk