HERNANDEZ TECHNOLOGY, INC., DOING BUSINESS AS FIRST CAPITAL V BERNABE RIVERA
Motion No: CA 23-01919 and CA 24-01548
Slip Opinion No: 2024 NY Slip Op 79658(U)
Decided on November 25, 2024
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.


November 25, 2024

PRESENT: SMITH, J.P., CURRAN, MONTOUR, GREENWOOD, AND KEANE, JJ.

CA 23-01919 and CA 24-01548

HERNANDEZ TECHNOLOGY, INC., DOING BUSINESS AS FIRST

CAPITAL, PLAINTIFF-RESPONDENT,

V

BERNABE RIVERA, DEFENDANT-APPELLANT.


Plaintiff-respondent Bernabe Rivera having moved to consolidate the appeals taken herein from orders of the Supreme Court, Monroe County, entered October 24, 2023, and June 7, 2024, and Defendant-appellant Hernandez Technology, Inc., doing business as First Capital having moved for an adjournment,

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

It is hereby ORDERED that plaintiff-respondent's motion insofar as it seeks consolidation is denied, and

It is further ORDERED that Defendant-appellant's motion for an adjournment is granted, and

It is further ORDERED that the appeal taken under Appellate Docket No.: CA 23-01919 is removed from the term of Court commencing December 3, 2024, and the appeal taken under Appellate Docket No.: CA 23-01548 is removed from the term of Court commencing March 31, 2024, and both appeals are added to the term of the Court commencing May 12, 2025, to be argued together.

Entered: November 25, 2024

Ann Dillon Flynn

Clerk of the Court