MARY T. HELTZ V BRUCE S. BARRATT AND ERIE LOGISTICS, LLC BRUCE S. BARRATT AND ERIE LOGISTICS, LLC, - V GEORGE M.
Motion No: CA 13-01101
Slip Opinion No: 2013 NY Slip Op 78694(U)
Decided on July 2, 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.


July 2, 2013

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

DOCKET NO. CA 13-01101
DOCKET NO. CA 13-01102

MARY T. HELTZ, PLAINTIFF-APPELLANT,

V

BRUCE S. BARRATT AND ERIE LOGISTICS, LLC,

DEFENDANTS-RESPONDENTS.

BRUCE S. BARRATT AND ERIE LOGISTICS, LLC, THIRD-PARTY

PLAINTIFFS-RESPONDENTS,

V

GEORGE M. HELTZ, THIRD-PARTY DEFENDANT-RESPONDENT.

(APPEAL NO. 1.)

MARY T. HELTZ, PLAINTIFF-APPELLANT,

V

BRUCE S. BARRATT AND ERIE LOGISTICS, LLC,

DEFENDANTS-RESPONDENTS.

BRUCE S. BARRATT AND ERIE LOGISTICS, LLC, THIRD-PARTY

PLAINTIFFS-RESPONDENTS,

V

GEORGE M. HELTZ, THIRD-PARTY DEFENDANT-RESPONDENT.

(APPEAL NO. 2.)


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 Erie on October 16, 2012 (appeal No. 1), and March 26, 2013 (appeal No. 2),

Now, upon reading and filing the affidavit of Scott R. Hapeman, Esq., sworn to June 14, 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 March 26, 2013 are hereby consolidated for the purposes of perfecting and arguing the appeals.

Entered: July 2, 2013

Frances E. Cafarell, Clerk