| LEONARD E. RIEDL CONSTRUCTION, INC. V MICHAEL HOMEYER AND CLARA HOMEYER LEONARD E. RIEDL CONSTRUCTION, INC. V MICHAEL |
| Motion No: CA 12-01715 |
| Slip Opinion No: 2012 NY Slip Op 89243(U) |
| Decided on October 26, 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 12-01715
DOCKET NO. CA 12-01891
| LEONARD E. RIEDL CONSTRUCTION, INC.,
PLAINTIFF-RESPONDENT, V MICHAEL HOMEYER AND CLARA HOMEYER, DEFENDANTS-APPELLANTS. (APPEAL NO. 1.)
LEONARD E. RIEDL CONSTRUCTION, INC., PLAINTIFF-RESPONDENT, V MICHAEL HOMEYER AND CLARA HOMEYER,
DEFENDANTS-APPELLANTS. (APPEAL NO. 2.) |
Appellant having moved to consolidate the appeals taken herein from an order and judgment and an order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on November 28, 2011 (appeal No. 1), and December 20, 2011 (appeal No. 2),
Now, upon reading and filing the affirmation of Dirk J. Oudemool, Esq., sworn to October 8, 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 denied without prejudice to a motion to vacate dismissal of appeal No. 2 (see 22 NYCRR 1000.13 [g]).
Entered: October 26, 2012
Frances E. Cafarell, Clerk