| HEATHER L. BERMINGHAM V THE PETER, SR. & MARY L. LIBERATORE FAMILY LIMITED PARTNERSHIP DOING BUSINESS AS LINCOLN SQUARE |
| Motion No: CA 11-01205 |
| Slip Opinion No: 2011 NY Slip Op 77708(U) |
| Decided on July 5, 2011 |
| 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., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 11-01205
DOCKET NO. CA 11-01207
| HEATHER L. BERMINGHAM, PLAINTIFF, V THE PETER, SR. & MARY L.
LIBERATORE FAMILY LIMITED PARTNERSHIP DOING BUSINESS AS LINCOLN SQUARE APARTMENTS, DEFENDANT. THE PETER, SR. & MARY L.
LIBERATORE FAMILY LIMITED PARTNERSHIP DOING BUSINESS AS LINCOLN SQUARE APARTMENTS, DEFENDANT/THIRD-PARTY
PLAINTIFF-RESPONDENT-APPELLANT, V GEARY S. KOPP DOING BUSINESS AS S & K LANDSCAPING, THIRD-PARTY
DEFENDANT-APPELLANT-RESPONDENT. (APPEAL NO. 1.) HEATHER L. BERMINGHAM, PLAINTIFF-RESPONDENT, V THE PETER, SR. & MARY L.
LIBERATORE FAMILY LIMITED PARTNERSHIP DOING BUSINESS AS LINCOLN SQUARE APARTMENTS, DEFENDANT-APPELLANT. THE PETER, SR. &
MARY L. LIBERATORE FAMILY LIMITED PARTNERSHIP DOING BUSINESS AS LINCOLN SQUARE APARTMENTS, DEFENDANT THIRD-PARTY PLAINTIFF,
V GEARY S. KOPP DOING BUSINESS AS S & K LANDSCAPING, THIRD-PARTY DEFENDANT. (APPEAL NO. 2.) |
Third-party defendant 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 February 7, 2011, and February 24, 2011,
Now, upon reading and filing the affidavit of Amanda L. Machacek, Esq. sworn to June 3, 2011, the notice of motion with proof of service thereof, and the affirmation of Daniel J. Chiacchia, Esq. dated June 10, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: July 5, 2011
Patricia L. Morgan, Clerk