WALTER J. NARY, II V ROSEMARY JONIENTZ
Motion No: CA 12-01503
Slip Opinion No: 2012 NY Slip Op 89240(U)
Decided on October 25, 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.


October 25, 2012

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

DOCKET NO. CA 12-01503
DOCKET NO. CA 12-01909

WALTER J. NARY, II, PLAINTIFF-RESPONDENT,

V

ROSEMARY JONIENTZ, DEFENDANT.



STATE FARM INSURANCE COMPANIES, APPELLANT.

WALTER J. NARY, II, PLAINTIFF-RESPONDENT,

V

ROSEMARY JONIENTZ, DEFENDANT.

————————————————————&m dash;——————

STATE FARM INSURANCE COMPANIES, APPELLANT.


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 Monroe on October 27, 2011 (appeal No. 1), and May 2, 2012 (appeal No. 2),

Now, upon reading and filing the affirmations of Richard P. Amico, Esq., dated October 5, 2012, and October 18, 2012, the notice of motion with proof of service thereof, and the affirmation of Gary H. Abelson, Esq., dated October 17, 2012, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Memorandum: Appellant's remedy is to perfect the unperfected appeal and to move to reschedule either appeal so that the appeals can be heard and determined together.

Entered: October 25, 2012

Frances E. Cafarell, Clerk