CARMEN BRITT AND CARMEN BRITT, AS EXECUTOR OF THE ESTATE OF LULA BAITY, DECEASED V BUFFALO MUNICIPAL HOUSING AUTHORITY

CARMEN BRITT AND CARMEN BRITT, AS EXECUTOR OF THE ESTATE OF LULA BAITY, DECEASED V BUFFALO MUNICIPAL HOUSING AUTHORITY

Motion No: NOS. CA 12-00172 AND CA 12-00173

Slip Opinion No: 2012 NY Slip Op 63001(U)

Decided on January 31, 2012

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.

January 31, 2012

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

DOCKET NOS. CA 12-00172 AND CA 12-00173

CARMEN BRITT AND CARMEN BRITT, AS EXECUTOR
OF THE ESTATE OF LULA BAITY, DECEASED,
PLAINTIFFS-APPELLANTS,
V
BUFFALO MUNICIPAL HOUSING AUTHORITY, ELAINE GARBE,
SUPERVISOR, BUFFALO MUNICIPAL HOUSING AUTHORITY,
BISILOLA F. JACKSON, ADMINISTRATOR OF THE ESTATE OF
JERELENE, ELIZABETH GIWA, GRACE MANOR HEALTH CARE
FACILITY, INC., DAVID J. GENTNER, MARY STEPHAN, KATHY
RANDALL, TIFFANY MATTHEWS, PHILLIP J. RADOS, M.D.,
DEFENDANTS-RESPONDENTS,
ET AL., DEFENDANTS.

Appellant 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 January 14, 2009 (docket No. CA 12-00172), and December 8, 2011 (docket No. CA 12-00173),

Now, upon reading and filing the affirmation of Frank S. Falzone, Esq., dated January 20, 2012, the notice of motion with proof of service thereof, the affidavit of Kenneth R. Kirby, Esq., sworn to January 26, 2012, and the affidavit of Elizabeth G. Adymy, Esq., sworn to January 26, 2012, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: January 31, 2012

Frances E. Cafarell, Clerk