| NIAGARA FOODS, INC., BENLEY REALTY CO. AND THE CHARTER OAK FIRE INSURANCE COMPANY, V FERGUSON ELECTRIC SERVICE |
| Motion No: CA 13-00090 |
| Slip Opinion No: 2013 NY Slip Op 63903(U) |
| Decided on January 31, 2013 |
| 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 13-00090
DOCKET NO. CA 13-00091
| NIAGARA FOODS, INC., BENLEY REALTY CO. AND THE CHARTER
OAK FIRE INSURANCE COMPANY, PLAINTIFFS-APPELLANTS-RESPONDENTS, V FERGUSON ELECTRIC SERVICE COMPANY, INC.,
DEFENDANT-RESPONDENT-APPELLANT AND TEGG CORPORATION, DEFENDANT-RESPONDENT. (APPEAL NO. 1.) NIAGARA FOODS, INC.,
BENLEY REALTY CO. AND THE CHARTER OAK FIRE INSURANCE COMPANY, PLAINTIFFS-RESPONDENTS, V FERGUSON ELECTRIC
SERVICE COMPANY, INC., DEFENDANT-APPELLANT, AND TEGG CORPORATION, DEFENDANT. (APPEAL NO.
2.) |
Defendant Ferguson Electric Service Company, Inc. 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 October 16, 2012 (appeal No. 1), and December 24, 2012 (appeal No. 2),
Now, upon reading and filing the affidavit of Eric S. Bernhardt, Esq., sworn to January 11, 2013, 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 16, 2012, and December 24, 2012, are hereby consolidated for the purposes of perfecting and arguing the appeals.
Entered: January 31, 2013
Frances E. Cafarell, Clerk