JOANN ABBO-BRADLEY, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN OF DYLAN J. BRADLEY, TREVOR A. BRADLEY AND CHASE Q.
Motion No: CA 14-02111
Slip Opinion No: 2014 NY Slip Op 93239(U)
Decided on December 15, 2014
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.


December 15, 2014

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

DOCKET NO. CA 14-02111
DOCKET NO. CA 14-02112
DOCKET NO. CA 14-02113
DOCKET NO. CA 14-02114

JOANN ABBO-BRADLEY, INDIVIDUALLY AND AS PARENT AND NATURAL

GUARDIAN OF DYLAN J. BRADLEY, TREVOR A. BRADLEY AND CHASE

Q. BRADLEY, INFANTS, ZACHARY HERR AND MELANIE HERR, INDIVIDUALLY

AND AS PARENT AND NATURAL GUARDIANS OF COLETON HERR AND

HEATHER HERR, INFANTS, NATHAN E. KORSON, AND ELENA KORSON,

INDIVIDUALLYAND AS PARENT AND NATURAL GUARDIAN OF LOGAN J.

KORSON, AN INFANT, PLAINTIFFS-APPELLANTS-RESPONDENTS,

V

CITY OF NIAGARA FALLS, GLENN SPRINGS HOLDINGS, INC.,

GROSS PHC LLC, MILLER SPRINGS REMEDIATION MANAGEMENT, INC.,

OXY, INC. FORMERLY KNOWN AS OCCIDENTAL CHEMICAL CORPORATION,

INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO HOOKER CHEMICALS

AND PLASTICS CORPORATION, OP-TECH ENVIRONMENTAL SERVICES,

DEFENDANTS-RESPONDENTS-APPELLANTS, ROY'S PLUMBING, INC.,

DEFENDANT-RESPONDENT, SCOTT LAWN YARD, INC.,

DEFENDANT-RESPONDENT-APPELLANT, ET AL., DEFENDANTS.

(APPEAL NO. 1.)

JOANN ABBO-BRADLEY, INDIVIDUALLY AND AS PARENT AND NATURAL

GUARDIAN OF DYLAN J. BRADLEY, TREVOR A. BRADLEY AND CHASE Q.

BRADLEY, INFANTS, ZACHARY HERR AND MELANIE HERR, INDIVIDUALLY

AND AS PARENT AND NATURAL GUARDIANS OF COLETON HERR AND

HEATHER HERR, INFANTS, NATHAN E. KORSON, AND ELENA KORSON,

INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN OF LOGAN J.

KORSON, AN INFANT, PLAINTIFFS-APPELLANTS,

V

CITY OF NIAGARA FALLS, ET AL., DEFENDANTS,

SEVENSON ENVIRONMENTAL SERVICES, INC., DEFENDANT-RESPONDENT.

(APPEAL NO. 2.)

JOANN ABBO-BRADLEY, INDIVIDUALLY AND AS PARENT AND NATURAL

GUARDIAN OF DYLAN J. BRADLEY, TREVOR A. BRADLEY AND CHASE Q.

BRADLEY, INFANTS, ZACHARY HERR AND MELANIE HERR, INDIVIDUALLY

AND AS PARENT AND NATURAL GUARDIANS OF COLETON HERR AND

HEATHER HERR, INFANTS, NATHAN E. KORSON, AND ELENA KORSON,

INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN OF LOGAN J.

KORSON, AN INFANT, PLAINTIFFS-APPELLANTS,

V

CITY OF NIAGARA FALLS, ET AL., DEFENDANTS,

CONESTOGA-ROVERS & ASSOCIATES, DEFENDANT-RESPONDENT.

(APPEAL NO. 3.)

JOANN ABBO-BRADLEY, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN OF DYLAN J. BRADLEY, TREVOR A. BRADLEY

AND CHASE Q. BRADLEY, INFANTS, ZACHARY HERR AND MELANIE HERR,

INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIANS OF COLETON

HERR AND HEATHER HERR, INFANTS, NATHAN E. KORSON, AND ELENA

KORSON, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN OF

LOGAN J. KORSON, AN INFANT, PLAINTIFFS-APPELLANTS,

V

CITY OF NIAGARA FALLS, ET AL., DEFENDANTS,

CECOS INTERNATIONAL, INC., DEFENDANT-RESPONDENT.

(APPEAL NO. 4.)


Plaintiffs 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 August 20, 2014 (appeal No. 1), August 15, 2014 (appeal Nos. 2 and 3), and August 22, 2014 (appeal No. 4),

Now, upon reading and filing the affirmation of William H. Mack, Esq., dated November 25, 2014, 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 August 15, 2014, August 20, 2014, and August 22, 2014, are hereby consolidated for the purposes of perfecting and arguing the appeals.

Entered: December 15, 2014

Frances E. Cafarell, Clerk