| SCOTT F. DEAN, JR. V CITY OF UTICA CITY OF UTICA, . V BEATON INDUSTRIES, INC., . |
| Motion No: CA 10-00125 |
| Slip Opinion No: 2010 NY Slip Op 65211(U) |
| Decided on March 9, 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., PERADOTTO, LINDLEY, GREEN, AND GORSKI, JJ.
DOCKET NO. CA 10-00125
| SCOTT F. DEAN, JR., PLAINTIFF-APPELLANT, V CITY OF UTICA,
DEFENDANT-RESPONDENT. CITY OF UTICA, THIRD-PARTY PLAINTIFF-APPELLANT-RESPONDENT. V BEATON INDUSTRIES, INC., THIRD-PARTY
DEFENDANT-RESPONDENT-APPELLANT. |
Respondents City of Utica and Beaton Industries, Inc. having moved and cross-moved to consolidate the appeal and their cross appeals taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Oneida on April 28, 2009,
Now, upon reading and filing the affirmation of Donald S. DiBenedetto dated February 12, 2010, the notice of motion with proof of service thereof, the affirmation of John P. Orilio dated February 18, 2010, the notice of cross motion with proof of service thereof, the responding affidavit of John A. Cirando dated February 19, 2010, the statement of Donald S. DiBenedetto dated February 23, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motions are granted to the extent that the appeal and the cross appeals of respondents City of Utica and Beaton Industries, Inc. from the order entered April 28, 2009 are hereby consolidated for the purposes of perfecting and arguing the appeals, and
It is further ORDERED that the motions are granted to the extent that respondents City of Utica and Beaton Industries, Inc. shall perfect their cross appeals by March 19, 2010.
Entered: March 9, 2010
Patricia L. Morgan, Clerk