| ANITA A. VITULLO AND DAVID S. MORRIS V NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY ANITA A. VITULLO DAVID S. MORRIS |
| Motion No: CA 16-00689 |
| Slip Opinion No: 2016 NY Slip Op 92899(U) |
| Decided on November 28, 2016 |
| 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: SMITH, J.P., LINDLEY, DEJOSEPH, NEMOYER, AND TROUTMAN, JJ.
DOCKET NO. CA 16-00689
DOCKET NO. CA 16-01568
| ANITA A. VITULLO AND DAVID S. MORRIS, PLAINTIFFS-RESPONDENTS,
V NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, DEFENDANT-APPELLANT. (APPEAL NO. 1.) ANITA A. VITULLO,
PLAINTIFF-APPELLANT, DAVID S. MORRIS, PLAINTIFF, V NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY,
DEFENDANT-RESPONDENT. (APPEAL NO. 2.) |
New York Central Insurance Fire Insurance Company 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 Oneida on July 7, 2015 (appeal No. 1), and November 16, 2015 (appeal No. 2), and having moved to adjourn appeal No. 1,
Now, upon reading and filing the affidavit of Marco Cercone, Esq., sworn to November 17, 2016, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to consolidate the appeals is denied, and
It is further ORDERED that the motion insofar as it seeks to adjourn appeal No. 1, is granted and appeal No. 1 is removed from the Court's day calendar for December 5, 2016, and is added to the term of this Court commencing February 27, 2017, to be argued with appeal No. 2.
Entered: November 28, 2016
Frances E. Cafarell, Clerk