| James Fizzinoglia v Louis Capozzoli & Maritza Capozzoli |
| Motion No: 2016-00651 WC |
| Slip Opinion No: 2016 NY Slip Op 91238(U) |
| Decided on November 1, 2016 |
| Appellate Term, Second 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. |
of the State of New York for the 9th & 10th judicial Districts
ANTHONY MARANO, P.J.
ANGELA G. IANNACCI
JAMES V. BRANDS, JJ.
DECISION & ORDER ON MOTION
| James Fizzinoglia, Respondent, v Louis Capozzoli and Maritza Capozzoli, Appellants. |
Motion by appellants to consolidate an appeal from a decision of the City Court of New Rochelle, Westchester County, dated February 9, 2012 (appeal No. 2012-305 W C), with an appeal from a decision of the same court dated July 24, 2012 and a judgment of the same court entered September 26, 2012 (appeal No. 2016-651 W C).
Upon the papers filed in support of the motion and upon the stipulation of the parties, it is
ORDERED, on the court's own motion, that so much of appeal No. 2016-651 W C as is from the decision dated July 24, 2012 is dismissed, as no appeal lies from a decision; and it is further,
ORDERED that appellant's motion is granted to the extent that the appeal from the decision dated February 9, 2012 and the appeal from the judgment entered September 26, 2012 are consolidated under appeal No. 2012-305 W C.
ENTER:
Paul Kenny
Chief Clerk