Vitullo v. N.Y. Cent. Mut. Fire Ins. Co.

Full title: ANITA A. VITULLO AND DAVID S. MORRIS, PLAINTIFFS-RESPONDENTS, v. NEW YORK…

Court: Appellate Division of the Supreme Court of the State of New York

Date published: Nov 28, 2016

2016 N.Y. Slip Op. 92899 (N.Y. App. Div. 2016)

Opinion

DOCKET NO. CA 16-00689 DOCKET NO. CA 16-01568

11-28-2016

ANITA A. VITULLO AND DAVID S. MORRIS, PLAINTIFFS-RESPONDENTS, v. NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, DEFENDANT-APPELLANT. (APPEAL NO. 1.) ANITA A. VITULLO, PLAINTIFF-APPELLANT, DAVID S. MORRIS, PLAINTIFF, v. NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, DEFENDANT-RESPONDENT. (APPEAL NO. 2.)

SMITH, J.P., LINDLEY, DEJOSEPH, NEMOYER, AND TROUTMAN, JJ.

PRESENT:

New York Central Insurance Fire Insurance Company having moved to consolidate the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Oneida on July 7, 2015 (appeal No. 1), and November 16, 2015 (appeal No. 2), and having moved to adjourn appeal No. 1,

Now, upon reading and filing the affidavit of Marco Cercone, Esq., sworn to November 17, 2016, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks to consolidate the appeals is denied, and

It is further ORDERED that the motion insofar as it seeks to adjourn appeal No. 1, is granted and appeal No. 1 is removed from the Court's day calendar for December 5, 2016, and is added to the term of this Court commencing February 27, 2017, to be argued with appeal No. 2.

Entered: November 28, 2016

Frances E. Cafarell, Clerk