| THOMAS J. TRZASKA AND DARLENE M. TRZASKA V ALLIED FROZEN STORAGE, INC. |
| Motion No: NOS. CA 09-02509 AND CA 09-02510 |
| Slip Opinion No: 2010 NY Slip Op 62633(U) |
| Decided on January 27, 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 09-02509 AND CA 09-02510
| THOMAS J. TRZASKA AND DARLENE M. TRZASKA,
PLAINTIFFS-APPELLANTS, V ALLIED FROZEN STORAGE, INC., DEFENDANT. W.C.S. OF NEW YORK, INC., RESPONDENT. (APPEAL NO.
1.) DAVID U. ROBINSON AND ALZADAR ROBINSON, PLAINTIFFS-APPELLANTS, V NATIONAL VACUUM CORP., DEFENDANT.
————————————————- BROADSPIRE SERVICES, INC.,
RESPONDENT. (APPEAL NO. 2.) |
Appellants 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 October 6, 2009, and October 8, 2009, and respondents having cross-moved to dismiss the appeals,
Now, upon reading and filing the affirmation of J. Michael Hayes dated December 2, 2009, the notice of motion with proof of service thereof, the affidavit of Frank S. Kedzielawa sworn to December 16, 2009, the affidavit of Jared L. Garlipp sworn to December 22, 2009, the notices of cross motion with proof of service thereof, the affirmation of J. Michael Hayes dated December 23, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and the appeals from the orders entered October 6, 2009, and October 8, 2009, are hereby consolidated for the purposes of perfecting and arguing the appeals, and
It is further ORDERED that the cross motions are denied.
Entered: January 27, 2010
Patricia L. Morgan, Clerk