PHILLIP WOLFE V WAYNE-DALTON CORPORATION , ROBERT D. TARSON, SR., JOANNE LESKA AND ROBERT TARSON, JR. PHILLIP WOLFE, -
Motion No: CA 14-01767
Slip Opinion No: 2015 NY Slip Op 71675(U)
Decided on April 27, 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.


April 27, 2015

PRESENT: SMITH, J.P., CARNI, PERADOTTO, VALENTINO, AND WHALEN, JJ.

DOCKET NO. CA 14-01767
DOCKET NO. CA 15-00351

PHILLIP WOLFE, PLAINTIFF-RESPONDENT,

V

WAYNE-DALTON CORPORATION, ET AL., DEFENDANTS,

ROBERT D. TARSON, SR., JOANNE LESKA AND ROBERT TARSON, JR.,

DEFENDANTS-APPELLANTS.

(APPEAL NO. 1.)

PHILLIP WOLFE, PLAINTIFF-RESPONDENT

V

WAYNE-DALTON CORP., DEFENDANT, ROBERT D. TARSON, SR.,

JOANNE LESKA, ROBERT TARSON, JR., AND MICHELE WOLFE,

DEFENDANTS-APPELLANTS.

(APPEAL NO. 2.)


Appellants Joanne Leska and Robert Tarson, Jr., 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 Onondaga on December 4, 2013 (appeal No.1), and September 22, 2014 (appeal No. 2), and for other relief,

Now, upon reading and filing the affidavits of Brendan J. Reagan, Esq., sworn to March 19, 2015, and April 23, 2015, the amended notice of motion with proof of service thereof, and the affirmation of Robert A. Quattrocci, Esq., dated March 25, 2015, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks consolidation is denied, and

It is further ORDERED that appeal No. 1 is removed from the day calendar for May 28, 2015, and

It is further ORDERED that appeal No. 1 shall be added to the calendar for the term of this Court commencing September 8, 2015, to be argued together with appeal No. 2.

Entered: April 27, 2015

Frances E. Cafarell, Clerk