| TRACI BUTLER V STAGECOACH GROUP, PLC, COACH USA, INC., INDIVIDUALLY AND DOING BUSINESS AS COACH CANADA, INC. |
| Motion No: CA 09-01531 |
| Slip Opinion No: 2010 NY Slip Op 76969(U) |
| Decided on July 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: SCUDDER, P.J., MARTOCHE, GREEN, AND GORSKI, JJ.
DOCKET NO. CA 09-01531
DOCKET NO. CA 09-01532
DOCKET NO. CA 09-01534
DOCKET NO. CA 09-01535
DOCKET NO. CA 09-01537
DOCKET NO. CA 09-01538
| TRACI BUTLER, PLAINTIFF-APPELLANT, V STAGECOACH GROUP, PLC,
COACH USA, INC., INDIVIDUALLY AND DOING BUSINESS AS COACH CANADA, INC., TRENTWAY-WAGAR, INC., ERIE COACH LINES COMPANY, RYAN A.
COMFORT, DEFENDANTS-RESPONDENTS, ET AL., DEFENDANTS. (APPEAL NO. 1.) TRACI BUTLER, PLAINTIFF-APPELLANT, V
STAGECOACH GROUP, PLC, ET AL., DEFENDANTS, J & J HAULING, INC., JOSEPH R. FRENCH, INDIVIDUALLY AND DOING BUSINESS AS J & J TRUCKING, INC.,
AND/OR J & J HAULING, INC., AND PAMELA ZEISET, AS ADMINSTRATRIX OF THE ESTATE OF ERNEST D. ZEISET, JR. (DECEASED),
DEFENDANTS-RESPONDENTS. (APPEAL NO. 2.) COURTNEY COWAN, KELLY COWAN AND BRIAN COWAN, PLAINTIFFS-APPELLANTS, V
STAGECOACH GROUP, PLC, COACH USA, INC., INDIVIDUALLY AND DOING BUSINESS AS COACH CANADA, INC., TRENTWAY-WAGAR, INC., ERIE COACH LINES
COMPANY, RYAN A. COMFORT, DEFENDANTS-RESPONDENTS, ET AL., DEFENDANTS. (APPEAL NO. 3.) COURTNEY COWAN, KELLY COWAN AND
BRIAN COWAN, PLAINTIFFS-APPELLANTS, V STAGECOACH GROUP, PLC, ET AL., DEFENDANTS, J & J HAULING, INC., JOSEPH R. FRENCH,
INDIVIDUALLY AND DOING BUSINESS AS J & J TRUCKING, INC., AND/OR J & J HAULING, INC., AND PAMELA ZEISET, AS ADMINSTRATRIX OF THE ESTATE OF
ERNEST D. ZEISET, JR. (DECEASED), DEFENDANTS-RESPONDENTS. (APPEAL NO. 4.) MEAGAN GODWIN, CARRIE LONG, AND CARLEIGH
WELDON, PLAINTIFFS-APPELLANTS, V STAGECOACH GROUP, PLC, COACH USA, INC., INDIVIDUALLY AND DOING BUSINESS AS COACH CANADA,
INC., TRENTWAY-WAGAR, INC., ERIE COACH LINES COMPANY, RYAN A. COMFORT, DEFENDANTS-RESPONDENTS, ET AL., DEFENDANTS.
(APPEAL NO. 5.) MEAGAN GODWIN, CARRIE LONG, AND CARLEIGH WELDON, PLAINTIFFS-APPELLANTS, V STAGECOACH GROUP, PLC, ET AL.,
DEFENDANTS, J & J HAULING, INC., JOSEPH R. FRENCH, INDIVIDUALLY AND DOING BUSINESS AS J & J TRUCKING, INC., AND/OR J & J HAULING, INC., AND
PAMELA ZEISET, AS ADMINSTRATRIX OF THE ESTATE OF ERNEST D. ZEISET, JR. (DECEASED), DEFENDANTS-RESPONDENTS. (APPEAL NO.
6.) |
Plaintiffs having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the orders of this Court entered April 30, 2010,
Now, upon reading and filing the affidavit of Lawrence T. D'Aloise, Jr., Esq. sworn to June 1, 2010, the notice of motion with proof of service thereof, the affirmation of Anthony J. Piazza, Esq. dated June 11, 2010, the affidavit of Glenn E. Pezzulo, Esq. sworn to June 11, 2010, the affidavit of Lawrence T. D'Aloise, Jr., Esq. sworn to June 11, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks reargument is denied, and
It is further ORDERED that the motion insofar as it seeks leave to appeal to the Court of Appeals is granted, this Court being of the opinion that a question of law has arisen that ought to be reviewed by the Court of Appeals, and the following question is hereby certified: Were the orders of this Court entered April 30, 2010 properly made?
Entered: July 2, 2010
Patricia L. Morgan, Clerk