| UTICA MUTUAL INSURANCE COMPANY V MCATEER & FITZGERALD, INC., KENYON FITZGERALD, JR., - . |
| Motion No: NOS. CA 09-02448 AND CA 09-02449 |
| Slip Opinion No: 2010 NY Slip Op 62091(U) |
| Decided on January 26, 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., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NOS. CA 09-02448 AND CA 09-02449
| UTICA MUTUAL INSURANCE COMPANY, PLAINTIFF-APPELLANT, V
MCATEER & FITZGERALD, INC., KENYON FITZGERALD, JR., DEFENDANTS-RESPONDENTS, ET AL., DEFENDANT. |
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 Oneida on August 7, 2009 and October 19, 2009, and respondents having cross-moved to dismiss the appeal taken from the order entered October 19, 2009 (Docket No. CA 09-02449),
Now, upon reading and filing the affidavit of Brian J. Butler sworn to November 30, 2009, the notice of motion with proof of service thereof, the notice of cross motion with proof of service thereof, the affidavit of Brian J. Butler sworn to December 17, 2009, 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 7, 2009 and October 19, 2009 are hereby consolidated for the purposes of perfecting and arguing the appeals, and
It is further ORDERED that the cross motion be, and the same hereby is, denied.
Entered: January 26, 2010
Patricia L. Morgan, Clerk