| FAC CONTINENTAL LLC, V YICKJING567 LLC, . |
| Motion No: NOS. CA 10-00268 AND CA 10-00269 |
| Slip Opinion No: 2010 NY Slip Op 65180(U) |
| Decided on March 3, 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 10-00268 AND CA 10-00269
| FAC CONTINENTAL LLC, PLAINTIFF-APPELLANT-RESPONDENT, V
YICKJING567 LLC, DEFENDANT-RESPONDENT-APPELLANT. |
Plaintiff 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 April 30, 2009, and October 14, 2009, and for other relief,
Now, upon reading and filing the affidavit of Brian N. Lewandowski sworn to January 27, 2010, the notice of motion with proof of service thereof, the statement of Dean M. Drew dated February 12, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and the appeals taken by plaintiff from the orders entered April 30, 2009, and October 14, 2009, are hereby consolidated with each other and with the cross appeal taken by defendant from the order entered April 30, 2009, and
It is further ORDERED that the consolidated appeals be perfected on or before May 3, 2010, and in the event of failure to so perfect the appeals are hereby dismissed without further order.
Entered: March 3, 2010
Patricia L. Morgan, Clerk