MOTION NO. 746 MICHAEL ROACH, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF CATHERINE ROACH, DECEASED, ERIN K.

MOTION NO. 746 MICHAEL ROACH, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF CATHERINE ROACH, DECEASED, ERIN K.

Motion No: CA 10-00068

Slip Opinion No: 2010 NY Slip Op 84835(U)

Decided on October 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.

October 1, 2010

PRESENT: SCUDDER, P. J., PERADOTTO, CARNI, AND SCONIERS, JJ.

CA 10-00068
CA 10-00069
CA 10-00070
CA 10-00072

MOTION NO. 746
MICHAEL ROACH, INDIVIDUALLY AND AS REPRESENTATIVE OF THE
ESTATE OF CATHERINE ROACH, DECEASED, ERIN K. ROACH, STEPHEN
M. ROACH AND CHRISTOPHER D. ROACH, PLAINTIFFS-APPELLANTS,
V
COACH USA, INC., COACH CANADA, INC., ERIE COACH LINES
COMPANY, INDIVIDUALLY AND DOING BUSINESS AS COACH CANADA,
INC., TRENTWAY-WAGAR, INC., INDIVIDUALLY AND DOING BUSINESS
AS COACH CANADA, INC., TRENTWAY-WAGAR (PROPERTIES) INC.,
RYAN A. COMFORT, DEFENDANTS-RESPONDENTS,
ET AL., DEFENDANTS.
(APPEAL NO. 1.)
MOTION NO. 747
MICHAEL ROACH, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF
CATHERINE ROACH, DECEASED, ERIN K. ROACH, STEPHEN M. ROACH AND
CHRISTOPHER D. ROACH, PLAINTIFFS-APPELLANTS,
V
COACH USA, INC., ET AL., DEFENDANTS,
J & J HAULING, INC., AND THE ESTATE OF ERNEST D. ZEISET, JR., DECEASED,
DEFENDANTS-RESPONDENTS.
(APPEAL NO. 2.)
MOTION NO. 748
LAURALEE DAVIDSON, PLAINTIFF-APPELLANT,
V
COACH USA, INC., COACH CANADA, INC., ERIE COACH LINES COMPANY,
INDIVIDUALLY AND DOING BUSINESS AS COACH CANADA, INC.,
TRENTWAY-WAGAR, INC., INDIVIDUALLY AND DOING BUSINESS AS COACH
CANADA, INC., TRENTWAY-WAGAR (PROPERTIES) INC., RYAN A. COMFORT,
DEFENDANTS-RESPONDENTS,
ET AL., DEFENDANTS.
(APPEAL NO. 3.)
MOTION NO. 749
LAURALEE DAVIDSON, PLAINTIFF-APPELLANT,
V
COACH USA, INC., ET AL., DEFENDANTS,
J & J HAULING, INC., AND THE ESTATE OF ERNEST D. ZEISET, JR., DECEASED,
DEFENDANTS-RESPONDENTS.
(APPEAL NO. 4.)

Appellants having moved for leave to appeal to the Court of Appeals from the orders of this Court entered June 11, 2010,

Now, upon reading and filing the affidavit of Thomas E. Kelly, Esq. sworn to July 19, 2010, the notice of motion with proof of service thereof, the affirmation of Anthony J. Piazza, Esq. dated August 2, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion 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 June 11, 2010 properly made?

Entered: October 1, 2010

Patricia L. Morgan, Clerk