| CHRISTOPHER A. MILCZARSKI, AS ADMINISTRATOR OF THE ESTATE OF MARK A. MILCZARSKI, DECEASED V STEPHEN CATONE DOING |
| Motion No: CA 12-01323 |
| Slip Opinion No: 2012 NY Slip Op 92522(U) |
| Decided on November 29, 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 12-01323
DOCKET NO. CA 12-02134
| CHRISTOPHER A. MILCZARSKI, AS ADMINISTRATOR OF THE
ESTATE OF MARK A. MILCZARSKI, DECEASED, PLAINTIFF-RESPONDENT, V STEPHEN CATONE DOING BUSINESS AS PAPA JOE'S PIZZA
COMPANY, MICHAEL K. WALASZEK, K.W. AUTO & SALES INC., DEFENDANTS-APPELLANTS, AND JASON LEWIS, DEFENDANT.
(APPEAL NO. 1.) CHRISTOPHER A. MILCZARSKI, AS ADMINISTRATOR OF THE ESTATE OF MARK A. MILCZARSKI, DECEASED,
PLAINTIFF-RESPONDENT, V STEPHEN CATONE DOING BUSINESS AS PAPA JOE'S PIZZA COMPANY, DEFENDANT, MICHAEL K.
WALASZEK, K.W. AUTO & SALES INC., DEFENDANTS-APPELLANTS, AND JASON LEWIS, DEFENDANT. (APPEAL NO.
2.) |
Appellants Michael K. Walaszek and K.W. Auto & Sales, Inc. having moved to consolidate their appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Niagara on October 26, 2011, and November 15, 2012,
Now, upon reading and filing the affirmation of Donna L. Burden, Esq., dated November 15, 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 October 26, 2011, and November 15, 2012, are hereby consolidated for the purposes of perfecting and arguing the appeals.
Entered: November 29, 2012
Frances E. Cafarell, Clerk