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MacKEY v. COUNTY OF SUFFOLK

2008-11635. 2009-04576.

67 A.D.3d 973 (2009)

888 N.Y.S.2d 774

2009 NY Slip Op 08790

ERNESTINE MacKEY, Respondent, v. COUNTY OF SUFFOLK, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided November 24, 2009.

Ordered that the appeal from the order dated April 8, 2009, is dismissed; and it is further,

Ordered that the order dated November 19, 2008, is reversed insofar as appealed from, on the facts and in the exercise of discretion, that branch of the defendant's motion which was to consolidate the instant action and an action entitled Mackey v County of Suffolk, pending in the Supreme Court, Suffolk County, under index No. 28922/07, is granted, and the matter is...

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