PAMELA PALASZYNSKI V BEVERLY J. MATTICE MERISSA MCGILL PAMELA PALASZYNSKI V BEVERLY J. MATTICE AND MERISSA A. MCGILL
Motion No: CA 10-00639
Slip Opinion No: 2010 NY Slip Op 69107(U)
Decided on April 15, 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.


April 15, 2010

PRESENT: SCUDDER, P. J., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.

DOCKET NO. CA 10-00639
DOCKET NO. CA 10-00722

PAMELA PALASZYNSKI, PLAINTIFF-APPELLANT,

V

BEVERLY J. MATTICE, DEFENDANT-RESPONDENT,

MERISSA MCGILL, DEFENDANT.

(APPEAL NO. 1.)

PAMELA PALASZYNSKI, PLAINTIFF-APPELLANT,

V

BEVERLY J. MATTICE AND MERISSA A. MCGILL, DEFENDANTS-RESPONDENTS.

(APPEAL NO. 2.)


Respondent Beverly J. Mattice having moved to dismiss the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Genesee on December 11, 2009, on the ground that appellant has failed to perfect timely the appeal,

Appellant having cross-moved to consolidate the appeals from orders of the Supreme Court entered in the Office of the Clerk of the County of Genesee on December 11, 2009 and February 24, 2010,

Now, upon reading and filing the affidavit of Norman E.S. Greene, Esq. sworn to March 10, 2010, the notice of motion with proof of service thereof, the affidavit of Jeffrey C. Sendziak, Esq. sworn to March 26, 2010,

It is hereby ORDERED that the motion is granted and the appeal is dismissed without further order unless the appeals are perfected on or before June 14, 2010, and

It is further ORDERED that the cross motion is granted and the appeals from the orders entered December 11, 2009 and February 24, 2010 are hereby consolidated for the purposes of perfecting and arguing the appeals.

Entered: April 15, 2010

Patricia L. Morgan, Clerk