EMMA HARTSOCK, INDIVIDUALLY AND AS TEMPORARY GUARDIAN OF PERSON AND PROPERTY OF ROY A. HARTOCK V NASH-CAR SALES &
Motion No: CA 10-00871
Slip Opinion No: 2010 NY Slip Op 69850(U)
Decided on April 22, 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 22, 2010

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

DOCKET NO. CA 10-00871
DOCKET NO. CA 10-00872,

EMMA HARTSOCK, INDIVIDUALLY AND AS TEMPORARY GUARDIAN OF

PERSON AND PROPERTY OF ROY A. HARTOCK, PLAINTIFF-APPELLANT,

V

NASH-CAR SALES & SERVICE AND E. DAVID NASHWINTER,

DEFENDANTS-RESPONDENTS,

ROBERT T. SCACCIA, JULIE'S SEABREEZE RESTAURANT,

JULIE FLETCHER, DEBORAH S. TEE,

JOHNSON'S CREEK RESTAURANT AND

DEANNA STACEY MAXWELL, DEFENDANTS.

(APPEAL NO. 1.)

EMMA HARTSOCK, INDIVIDUALLY AND AS TEMPORARY GUARDIAN OF

THE PERSON AND PROPERTY OF ROY A. HARTSOCK, PLAINTIFF,

V

ROBERT T. SCACCIA, DEFENDANT-APPELLANT,

NASH-CAR SALES & SERVICE AND

E. DAVID NASHWINTER, DEFENDANTS-RESPONDENTS,

JULIE'S SEABREEZE RESTAURANT, JULIE FLETCHER,

DEBORAH S. TEE, JOHNSON'S CREEK RESTAURANT, AND

DEANNA STACEY MAXWELL, DEFENDANTS.

(APPEAL NO. 2.)


Appellant Emma Hartsock having moved to consolidate the appeals taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Niagara on December 29, 2009 and February 8, 2010,

Now, upon reading and filing the affidavit of John A. Collins sworn to April 6, 2010, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted and the appeals from the orders entered December 29, 2009 and February 8, 2010 are hereby consolidated for the purposes of perfecting and arguing the appeals.

Entered: April 22, 2010

Patricia L. Morgan, Clerk