| DANIEL BRYNDLE V SAFETY KLEEN SYSTEMS, INC. DANIEL C. BRYNDLE V SAFETY-KLEEN SYSTEMS, INC. (APPEAL NO. 2.) |
| Motion No: CA 10-00611 |
| Slip Opinion No: 2010 NY Slip Op 73841(U) |
| Decided on June 1, 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., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.
DOCKET NO. CA 10-00611
DOCKET NO. CA 10-01058
| DANIEL BRYNDLE, PLAINTIFF-APPELLANT, V SAFETY KLEEN SYSTEMS,
INC., DEFENDANT-RESPONDENT. (APPEAL NO. 1.) DANIEL C. BRYNDLE, PLAINTIFF-APPELLANT, V SAFETY-KLEEN SYSTEMS, INC.,
DEFENDANT-RESPONDENT. (APPEAL NO. 2.) |
Appellant having moved to consolidate the appeals taken herein from the orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on December 3, 2009 (Appeal No. 1) and March 30, 2010 (Appeal No. 2), and for permission to appeal to this Court from the order of the Supreme Court entered March 30, 2010 (Appeal No. 2),
Now, upon reading and filing the affirmation of Amanda L. Lowe, Esq. dated May 13, 2010, the notice of motion with proof of service thereof, the affidavit of K. John Bland, Esq. sworn to May 20, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied, and
It is further ORDERED that the appeal taken herein from the order of the Supreme Court entered May 30, 2010 (Appeal No. 2) is hereby dismissed without costs (see Empire Ins. Co. v Food City, 167 AD2d 983).
Entered: June 1, 2010
Patricia L. Morgan, Clerk