| Kammerzell v Clean Burn, Inc. |
| Motion No: 2016-03176 |
| Slip Opinion No: 2017 NY Slip Op 61727(U) |
| Decided on January 23, 2017 |
| Appellate Division, 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. |
Appellate Division: Second Judicial Department
M225013
E/sl
LEONARD B. AUSTIN, J.P.
JEFFREY A. COHEN
ROBERT J. MILLER
FRANCESCA E. CONNOLLY, JJ.
|
2016-03176 Scott Kammerzell, appellant, v Clean Burn, Inc., defendant third-party plaintiff-respondent; A.R. Sandri, Inc., third-party defendant-respondent. (Index No. 2030/13)
| DECISION & ORDER ON MOTION |
2016-11407
Scott Kammerzell, appellant, v Clean
Burn, Inc., defendant third-party
plaintiff-respondent; A.R. Sandri, Inc.,
third-party defendant-respondent.
(Index No. 2030/13)
On the Court's own motion, it is
ORDERED that the decision and order on motion of this Court dated January 17, 2017, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by the appellant to consolidate appeals from two orders of the Supreme Court, Dutchess County, dated January 27, 2016, and September 29, 2016, respectively, and for leave to serve and file a supplemental record in connection with the consolidated appeals containing the papers filed concerning the order dated September 29, 2016, or, in the alternative, to hear the appeals together.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is to hear the appeals together is granted, and the appeals will be calendared together and will be argued or submitted on the same date; and it is further,
ORDERED that the motion is otherwise denied.
AUSTIN, J.P., COHEN, MILLER and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court