BARBARA MILLER AND RICHARD HUGO MILLER V LAURIEANN BUCK SALVATORE SPINUZZA, LABELLA SICILIA, INC., AND TOWN OF
Motion No: NOS. CA 10-02319 AND CA 10-02320
Slip Opinion No: 2010 NY Slip Op 91704(U)
Decided on December 17, 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.


December 17, 2010

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

DOCKET NOS. CA 10-02319 AND CA 10-02320

BARBARA MILLER AND RICHARD HUGO MILLER,

PLAINTIFFS-APPELLANTS,

V

LAURIEANN BUCK, DEFENDANT,

SALVATORE SPINUZZA, LABELLA SICILIA, INC., AND

TOWN OF CHEEKTOWAGA, DEFENDANTS-RESPONDENTS.


Appellants having 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 October 6, 2010, and October 8, 2010,

Now, upon reading and filing the afidavit of Patrick J. Brown, Esq., sworn to November 17, 2010, and 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 taken herein from the orders of the Supreme Court entered October 6, 2010, and October 8, 2010, are hereby consolidated for the purposes of perfecting and arguing the appeals.

Entered: December 17, 2010

Patricia L. Morgan, Clerk