| PATRICIA TULLY V ANDERSON'S FROZEN CUSTARD, INC. |
| Motion No: NOS. CA 09-02388 AND CA 10-00064(CORRECTED) |
| Slip Opinion No: 2010 NY Slip Op 62027(U) |
| Decided on January 20, 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 09-02388 AND CA 10-00064(CORRECTED)
| PATRICIA TULLY, PLAINTIFF-APPELLANT, V ANDERSON'S FROZEN
CUSTARD, INC., DEFENDANT-RESPONDENT. |
Appellant having moved to consolidate the appeals taken from orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on August 17, 2009 and December 23, 2009, and for an extension of time to perfect,
Now, upon reading and filing the affirmation of Jaclyn Wanemaker dated January 4, 2010, 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 appeals from the orders entered August 17, 2009 and December 23, 2009 are hereby consolidated for the purposes of perfecting and arguing the appeals, and
It is further ORDERED that the motion to extend time to perfect be, and the same hereby is, granted and appellant shall perfect the appeal on or before March 22, 2010 and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.
Entered: January 20, 2010
Patricia L. Morgan, Clerk