| HAYWARD BAKER, INC., V C.O. FALTER CONSTRUCTION CORP., ZURICH AMERICAN INSURANCE COMPANY, AND FIDELITY AND DEPOSIT |
| Motion No: CA 12-00398 |
| Slip Opinion No: 2012 NY Slip Op 69930(U) |
| Decided on April 5, 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. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 12-00398
DOCKET NO. CA 12-00540
| HAYWARD BAKER, INC., PLAINTIFF-RESPONDENT-APPELLANT, V C.O.
FALTER CONSTRUCTION CORP., ZURICH AMERICAN INSURANCE COMPANY, AND FIDELITY AND DEPOSIT COMPANY OF MARYLAND,
DEFENDANTS-APPELLANTS-RESPONDENTS. (APPEAL NO. 1.) HAYWARD BAKER, INC., PLAINTIFF-RESPONDENT-APPELLANT, V C.O. FALTER
CONSTRUCTION CORP., ZURICH AMERICAN INSURANCE COMPANY, AND FIDELITY AND DEPOSIT COMPANY OF MARYLAND,
DEFENDANTS-APPELLANTS-RESPONDENTS. (APPEAL NO. 2.) |
Plaintiff 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 Onondaga on June 28, 2011 (appeal No. 1), and February 29, 2012 (appeal No. 2),
Now, upon reading and filing the affirmation of Clifford G. Tsan, Esq., dated March 20, 2012, 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 from the orders entered June 28, 2011, and February 29, 2012, are hereby consolidated for the purposes of perfecting and arguing the appeals.
Entered: April 5, 2012
Frances E. Cafarell, Clerk