| STEPHEN APPLEBEE V COUNTY OF CAYUGA |
| Motion No: CA 11-02090 |
| Slip Opinion No: 2012 NY Slip Op 74149(U) |
| Decided on May 21, 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 11-02090
DOCKET NO. CA 11-02091
| STEPHEN APPLEBEE, PLAINTIFF-APPELLANT, V COUNTY OF CAYUGA,
DEFENDANT-RESPONDENT, COUNTY OF CAYUGA, DEFENDANT/THIRD-PARTY PLAINTIFF, V VILLAGE OF PORT BYRON,
THIRD-PARTY DEFENDANT-RESPONDENT. (APPEAL NO. 1.) STEPHEN APPLEBEE, PLAINTIFF-APPELLANT, V COUNTY OF CAYUGA,
DEFENDANT-RESPONDENT,
———————————————————— COUNTY
OF CAYUGA, DEFENDANT/THIRD-PARTY PLAINTIFF, V VILLAGE OF PORT BYRON, THIRD-PARTY DEFENDANT-RESPONDENT. (APPEAL NO.
2.) |
Appellant having moved to consolidate the appeals taken herein from a judgment and an order of the Supreme Court entered in the Office of the Clerk of the County of Cayuga on February 9, 2011 (appeal No. 1), and September 6, 2011 (appeal No. 2),
Now, upon reading and filing the affirmation of Eugene W. Lane, Esq., dated May 3, 2012, the notice of motion with proof of service thereof, and the affirmation of Donald S. Thomson, Esq., dated May 8, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and the appeals from the judgment and order entered February 9, 2011, and September 6, 2011, are hereby consolidated for the purposes of perfecting and arguing the appeals.
Entered: May 21, 2012
Frances E. Cafarell, Clerk