| RACHEL T. BUCHANAN V MATT DOMBROWSKI, INDIVIDUALLY, AND MAGRUDERS RESTAURANT & PUB INC. |
| Motion No: CA 10-02055 AND CA 10-02086 |
| Slip Opinion No: 2010 NY Slip Op 87660(U) |
| Decided on November 4, 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 10-02055 AND CA 10-02086
| RACHEL T. BUCHANAN, PLAINTIFF-RESPONDENT, V MATT DOMBROWSKI,
INDIVIDUALLY, AND MAGRUDERS RESTAURANT & PUB INC., DEFENDANTS-APPELLANTS. |
Respondent 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 Erie on May 26, 2010, on the ground that appellants failed to perfect timely the appeal, and
Appellants having cross-moved to consolidate the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on May 26, 2010, and September 15, 2010,
Now, upon reading and filing the affidavit of Rodger P. Doyle, Jr., Esq. sworn to October 6, 2010, the affidavit of Paul F. Murak, Esq. sworn to October 13, 2010, the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and the appeal is dismissed without further order unless the appeal is perfected on or before January 3, 2011, and
It is further ORDERED that the cross motion is granted and the appeals from the orders entered May 26, 2010, and September 15, 2010, are hereby consolidated for the purposes of perfecting and arguing the appeals on the condition that the appeals are perfected on or before January 3, 2011.
Entered: November 4, 2010
Patricia L. Morgan, Clerk