JEFFREY FOSTER AND EMILY DEANN FOSTER, INDIVIDUALLY AND DOING BUSINESS AS SKYDIVE FINGER LAKES V JOHN H. KING
Motion No: CA 23-00363 and CA 23-00606
Slip Opinion No: 2023 NY Slip Op 66313(U)
Decided on May 1, 2023
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.


May 1, 2023

PRESENT: WHALEN, P.J., SMITH, PERADOTTO, LINDLEY, AND CURRAN, JJ.

CA 23-00363 and CA 23-00606

JEFFREY FOSTER AND EMILY DEANN FOSTER, INDIVIDUALLY AND DOING

BUSINESS AS SKYDIVE FINGER LAKES, PLAINTIFFS-APPELLANTS,

V

JOHN H. KING, DEFENDANT-RESPONDENT.


Appellant having moved to consolidate the appeals taken herein from the orders of the Supreme Court, Seneca County, entered July 28, 2022, and entered January 5, 2023, and for other relief,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby that the motion insofar as it seeks to consolidate the appeals are dismissed as unnecessary (see 22 NYCRR 1250.9 [f][3]), and

It is further ordered that the motion insofar as it seeks other relief is denied.

Memorandum: Upon perfection of the appeals, the Court will issue an order setting forth a briefing schedule.

Entered: May 1, 2023

Ann Dillon Flynn

Clerk of the Court