| FRANCIS P. OSCIER V JOANNE V. MUSTY, , ANTHONY J. MINGARELLI, JR., , AND T & T CONCRETE, INC. FRANCIS P. OSCIER V |
| Motion No: CA 15-00478 |
| Slip Opinion No: 2015 NY Slip Op 70325(U) |
| Decided on April 14, 2015 |
| 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, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 15-00478
DOCKET NO. CA 15-00479
DOCKET NO. CA 15-00480
| FRANCIS P. OSCIER, PLAINTIFF-RESPONDENT, V JOANNE V. MUSTY,
DEFENDANT-RESPONDENT-APPELLANT, ANTHONY J. MINGARELLI, JR., DEFENDANT-APPELLANT-RESPONDENT, AND T & T CONCRETE, INC.,
DEFENDANT-RESPONDENT. (APPEAL NO. 1.) FRANCIS P. OSCIER, PLAINTIFF-APPELLANT, V JOANNE V. MUSTY,
DEFENDANT-RESPONDENT-APPELLANT, ANTHONY J. MINGARELLI, JR., DEFENDANT, T & T CONCRETE, INC., DEFENDANT-RESPONDENT. (APPEAL NO.
2.) FRANCIS P. OSCIER, PLAINTIFF, V JOANNE V. MUSTY, DEFENDANT-APPELLANT, ANTHONY J. MINGARELLI, JR., DEFENDANT, T & T
CONCRETE, INC., DEFENDANT-RESPONDENT. (APPEAL NO. 3.) |
Defendant Joanne V. Musty 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 December 15, 2014 (appeal No. 1), and January 12, 2015 (appeal Nos. 2 and 3),
Now, upon reading and filing the affirmation of Leo T. Fabrizi, Esq., dated March 16, 2015, the notice of motion with proof of service thereof, and the affirmation of Michael M. Metzger, Esq., dated March 20, 2015, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and the appeals from the orders entered December 15, 2014, and January 12, 2015, are hereby consolidated for the purposes of perfecting and arguing the appeals.
Entered: April 14, 2015
Frances E. Cafarell, Clerk