| MICHAEL ESSENBACHER V GARY KISER TRUCKING, INC. , A.J. ROTH CONSTRUCTION, INC., ACTIVE WORKFORCE, INC., EAN HOLDINGS |
| Motion No: CA 25-01731 |
| Slip Opinion No: 2025 NY Slip Op 83561(U) |
| Decided on December 29, 2025 |
| 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: LINDLEY, J.P., CURRAN, BANNISTER, AND MONTOUR, JJ.
CA 25-01731
CA 25-01081
| MICHAEL ESSENBACHER, PLAINTIFF-APPELLANT, V GARY KISER
TRUCKING, INC., ET AL., DEFENDANTS, A.J. ROTH CONSTRUCTION, INC., ACTIVE WORKFORCE, INC., EAN HOLDINGS, LLC, AND ENTERPRISE RENT-A-CAR,
ALSO KNOWN AS ENTERPRISE HOLDINGS, INC., DEFENDANTS-RESPONDENTS. MICHAEL ESSENMACHER,
PLAINTIFF-RESPONDENT-APPELLANT, V GARY KISER TRUCKING, INC., DESTRY DEAN SKEENS, DEFENDANTS-APPELLANTS, JEFFREY T. JOHNSON, A.J.
ROTH CONSTRUCTION, INC., ACTIVE WORKFORCE, INC., EAN HOLDINGS, LLC, AND ENTERPRISE RENT-A-CAR, ALSO KNOWN AS
ENTERPRISE HOLDINGS, INC., DEFENDANTS-RESPONDENTS. |
Defendants-appellants moved to consolidate the appeals taken herein from orders of the Supreme Court, Erie County, entered March 20, 2025,
Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon,
It is hereby ORDERED that the motions are dismissed as unnecessary (see 22 NYCRR 1250.9 [f][3]).
Entered: December 29, 2025
Ann Dillon Flynn
Clerk of the Court