| 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 91067(U) |
| Decided on November 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 12-01715
DOCKET NO. CA 12-01891
| LEONARD E. RIEDL CONSTRUCTION, INC.,
PLAINTIFF-RESPONDENT, V MICHAEL HOMEYER AND CLARA HOMEYER, DEFENDANTS-APPELLANTS. LEONARD E. RIEDL
CONSTRUCTION, INC., PLAINTIFF-RESPONDENT, V MICHAEL HOMEYER AND CLARA HOMEYER,
DEFENDANTS-APPELLANTS. |
Appellants having moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on December 20, 2011 (Docket No. CA 12-01891), and having moved to consolidate the appeals from the order entered December 20, 2011, with the appeal from the order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on November 28, 2011 (Docket No. CA 12-01715),
Now, upon reading and filing the affirmation of Dirk J. Oudemool, Esq., dated November 5, 2011, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to vacate dismissal of the appeal from the order entered December 20, 2011, is granted, and the appeal is deemed perfected, and
It is further ORDERED that the motion insofar as it seeks to consolidate the appeals from the order entered December 20, 2011, and the order and judgment entered November 28, 2011, is granted.
Entered: November 21, 2012
Frances E. Cafarell, Clerk