| JAMES P. ZETES, V KELLY A. STEPHENS AND LUCAS A. STEPHENS COUNTY OF NIAGARA, JAMES VOUTOUR, IN HIS CAPACITY AS NIAGARA |
| Motion No: CA 12-01499 |
| Slip Opinion No: 2012 NY Slip Op 82316(U) |
| Decided on August 22, 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 12-01499
DOCKET NO. CA 12-01500
| JAMES P. ZETES, PLAINTIFF-APPELLANT-RESPONDENT, V
KELLY A. STEPHENS AND LUCAS A. STEPHENS, DEFENDANTS, COUNTY OF NIAGARA, JAMES VOUTOUR, IN HIS CAPACITY AS NIAGARA
COUNTY SHERIFF, AND GUY FRATELLO ALSO KNOWN AS G. FRATELLO, INDIVIDUALLY AND IN HIS CAPACITY AS NIAGARA COUNTY DEPUTY
SHERIFF, DEFENDANTS-RESPONDENTS-APPELLANTS. (APPEAL NO. 1.) JAMES P. ZETES, PLAINTIFF-RESPONDENT, V
KELLY A. STEPHENS AND LUCAS A. STEPHENS, DEFENDANTS-APPELLANTS, COUNTY OF NIAGARA, JAMES VOUTOUR, IN HIS
CAPACITY AS NIAGARA COUNTY SHERIFF, AND GUY FRATELLO ALSO KNOWN AS G. FRATELLO, INDIVIDUALLY AND IN HIS CAPACITY AS
NIAGARA COUNTY DEPUTY SHERIFF, DEFENDANTS. (APPEAL NO. 2.) |
Defendants Kelly A. Stephens and Lucas A. Stephens 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 Niagara on January 31, 2012 (appeal No. 1), and April 4, 2012 (appeal No. 2),
Now, upon reading and filing the affidavit of Earl K. Cantwell, II, Esq., sworn to August 11, 2012, and 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 January 31, 2012, and April 4, 2012, are hereby consolidated for the purposes of perfecting and arguing the appeals.
Entered: August 22, 2012
Frances E. Cafarell, Clerk