LYNN M. DELBELLO V THOMAS M. DELBELLO
Motion No: NOS. CA 11-01346, CA 11-01347, AND CA 11-01348
Slip Opinion No: 2011 NY Slip Op 81946(U)
Decided on August 19, 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.


August 19, 2011

PRESENT: SCUDDER, P.J., PERADOTTO, LINDLEY, SCONIERS, AND MARTOCHE, JJ.

DOCKET NOS. CA 11-01346, CA 11-01347, AND CA 11-01348

LYNN M. DELBELLO, PLAINTIFF-RESPONDENT,

V

THOMAS M. DELBELLO, DEFENDANT-APPELLANT.


Appellant having moved to consolidate the appeals taken herein from a judgment and orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on January 25, 2010 (Appeal No. 1), December 2, 2010 (Appeal No. 2), and May 12, 2011 (Appeal No. 3), and appellant having also moved for a stay,

Now, upon reading and filing the affidavit of Thomas M. Delbello sworn to June 15, 2011, the notice of motion with proof of service thereof, the affidavit of Neil A. Pawlowski, Esq., sworn to July 12, 2011, and the affidavit of Shari Jo Reich, Esq., sworn to August 4, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks to consolidate the appeals is granted and the appeals from the judgment and orders entered January 25, 2010, December 2, 2010, and May 12, 2011, are hereby consolidated for the purposes of perfecting and arguing the appeals, and

It is further ORDERED that the motion insofar as it seeks a stay is denied.

Entered: August 19, 2011

Patricia L. Morgan, Clerk