| PAULA J. CURTIN, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF THOMAS A. CURTIN, DECEASED V J.B. HUNT |
| Motion No: CA 09-02201 |
| Slip Opinion No: 2010 NY Slip Op 67852(U) |
| Decided on April 2, 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: SMITH, J.P., FAHEY, CARNI, SCONIERS, AND PINE, JJ.
DOCKET NO. CA 09-02201
DOCKET NO. CA 10-00540
| PAULA J. CURTIN, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE
ESTATE OF THOMAS A. CURTIN, DECEASED, PLAINTIFF-RESPONDENT, V J.B. HUNT TRANSPORT, INC. AND JOHN R. MACGREGOR,
DEFENDANTS-APPELLANTS. (APPEAL NO. 1.) PAULA J. CURTIN, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF THOMAS A
CURTIN, DECEASED, PLAINTIFF-RESPONDENT, V J.B. HUNT TRANSPORT, INC. AND JOHN R. MACGREGOR, DEFENDANTS-APPELLANTS.
(APPEAL NO. 2.) |
Appellants having moved to adjourn oral argument on the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Oneida on August 5, 2009 (Appeal No. 1), and for other relief, and respondent having moved to dismiss the appeal taken from the order of the Supreme Court entered in the Office of the Clerk of the County of Oneida on November 19, 2009 (Appeal No. 2),
Now, upon reading and filing the affirmation of Robert A. Fitch, Esq. dated February 26, 2009 [sic], the affirmation of Francis R. Rivette, Esq. dated March 5, 2010, the notices of motion with proof of service thereof, the affirmation of James R. Callan, Esq. dated March 10, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the appellants' motion is granted insofar as it seeks to adjourn oral argument, and Appeal No. 1 is hereby removed from the day calendar for April 8, 2010 and shall be added to the calendar for the term of the Court commencing September 7, 2010, and
It is further ORDERED that appellants' motion is otherwise granted to the extent that Appeal No. 2 shall be added to the calendar for the term commencing September 7, 2010, and shall be heard by this Court at the same time as Appeal No. 1, and
It is further ORDERED that appellants shall perfect Appeal No. 2 by June 1, 2010, and
It is further ORDERED that respondent's motion to dismiss is denied, with leave to renew those arguments in respondent's pending brief in Appeal No. 2.
Entered: April 2, 2010
Patricia L. Morgan, Clerk