State of New York v Stratus Petroleum Corp.
2007 NY Slip Op 05060 [41 AD3d 1303]
June 8, 2007
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 15, 2007


State of New York, Respondent, v Stratus Petroleum Corp., et al., Defendants, and Buckeye Pipe Line Company et al., Appellants. (Action No. 1.) Supreme Energy, LLC., Plaintiff,
v
Buckeye Pipe Line Company, L.P., Appellant, et al., Defendant (Action No. 2.)

—[*1] Hancock & Estabrook, LLP, Syracuse (Janet D. Callahan of counsel), for defendants-appellants.

Andrew M. Cuomo, Attorney General, Albany (Jennifer Grace Miller of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Onondaga County (Edward D. Carni, J.), entered March 6, 2006. The order, among other things, denied the motion of defendants Buckeye Pipe Line Company, L.P., incorrectly sued in action No. 1 as Buckeye Pipe Line Company, and Buckeye Petrofuels Company to consolidate action Nos. 1 and 2 in Supreme Court, Onondaga County, and granted the cross motion of plaintiff State of New York to consolidate the actions in Supreme Court, Albany County.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs for reasons stated in the decision at Supreme Court. Present—Hurlbutt, J.P., Martoche, Smith, Fahey and Green, JJ.