SUPREME COURT - STATE OF NEW YORK COUNTY OF NASSAU - PART 22. Defendants.

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1 SHORT FORM ORDER SUPREME COURT - STATE OF NEW YORK - PART 22 Present: HON. WILLIAM R. LaMARCA Justice KEITH LANE and SUSAN LANE, JULIAN T A V ALARO MICHELLE MADDEN, THOMAS MC DERMOTT and NANCY MC DERMOTT, JOHN T. MADDEN, STEVE NAPOLI, RANDEE WATSON, KEVEN CANHAM and JEANETTE CANHAM, NATIONWIDE INSURANCE COMPANYalslo Pasuale Cibells, Stewart Gelman and Oceanvile Manson Supply, MERCHANTS INSURANCE COMPANY alslo ORZANO, INC., JAMES DEPRESCO, GARY FISH and LEONARD ROSSELO, OCEANSIDE INSTITUTIONAL INDUSTRIES, INC., WALTER HERMAN, FRANK FERRARA and VINCENT ORZANO, Motion Sequence # 002 Submitted August 15, 2006 Action # 1 INDEX NO: 174/06 KEITH LANE and SUSAN LANE, JULIAN T A V ALARO, MICHELLE MADDEN, THOMAS MCDERMOTT and NANCY MCDERMOTT, JOHN T. MADDEN and STEVEN MAPOLl, FRANK FERRARA and WALTER HERMAN PATRNERSHIP, FRANK FERRARA, individually and WALTER HERMAN, individually, Action # 2 INDEX NO: 9692/06

2 LOUIS DEVITO, CPA, PC, LOUIS DEVITO, individually, GELMAN & DEVITO, CPA' s, PC STEWART GELMAN, individually, and PASQUALE CIBELLlS, OCEANSIDE INSTITUTIONAL INDUSTRIES, Action # 3 INDEX NO: 9994/06 The following papers were read on this motion: Notice of Motion Affrmation in Partial Opposition... Counsel for OCEANSIDE INSTITUTIONAL INDUSTRIES, INC. WALTER HERMAN, FRANK FERRARRA and VINCENT ORZANO, defendants in Action # 1 above (hereinafter referred to as " MOV ANTS"), move for an order, pursuant to CPLR 9602(a) and (b), consolidating two (2) subsequent actions commenced in the Supreme Court, Nassau County, Index Numbers 9692/06 and 9994/06. An Affidavit of Service reflects that counsel for all parties in Action # 1 and Action # 2 and Action # 3 were duly served with the instant motion, on July 24, Counsel for plaintiffs in Action # 1, LANE, TAVALARO, MADDEN, MCDERMOTT, MADDEN and NAPOLI, do not oppose consolidation of the actions, however, they point out that depositions of the defendants have been delayed since September of 2004 as numerous consolidations have taken place. Counsel states that defendants' position has been that completion of plaintiffs ' depositions must precede the depositions of defendants, but counsel contends that plaintiffs have a right to proceed

3 with their case and fairness dictates that it is time for the immediate depositions of the defendants. Counsel for MOV ANTS states that these actions arise out of injuries sustained by volunteer firefighters on June 29, 2003 and all plaintiffs seek damages based upon a claim of negligence by the various defendants. Counsel states that consolidation is appropriate because these actions arise out of the same occurrence, involve common questions of law and fact and that the interests of justice will be served. The Court agrees. Accordingly, it is hereby ORDERED, that the motion is granted and the above noted actions, #1, #2, and #3 are herewith consolidated under Index Number 9994/06 for all purposes and the caption shall henceforth read as follows: KEITH LANE and SUSAN LANE, JULIAN TAVALARO MICHELLE MADDEN, THOMAS MC DERMOTT and NANCY MC DERMOTT, JOHN T. MADDEN, STEVE NAPOLI, RANDEE WATSON, KEVEN CANHAM and JEANETTE CANHAM, NATIONWIDE INSURANCE COMPANYalslo Pasuale Cibells, Stewart Gelman and Oceanvile Manson Supply, MERCHANTS INSURANCE COMPANY alslo ORZNO, INC., JAMES DEPRESCO, GARY FISH, LEONARD ROSSELO, LOUIS DeVITO, CPA, P.C., LOUIS DeVITO, individually, GELMLAN & DEVITO CPA' s, P. C., STEWART GELMAN individually, and PASQUALE CIBELLIS INDEX NO: 9994/06 OCEANSIDE INSTITUTIONAL INDUSTRIES, INC., WALTER HERMAN, FRANK FERRARA, VINCENT ORZNO, and FRANK FERRARA and WALTER HERMAN PARTNERSHIP,

4 and it is further ORDERED, that a Preliminary Conference in the above captioned consolidated matter shall be held on December 5, 2006 before Differentiated Case Management (DCM) at 100 Supreme Court Drive, Mineola, New York at 2:30 P. M. to schedule and coordinate all remaining discovery. The parties should be able to quickly complete the depositions of the newly added plaintiffs and then immediately commence the depositions of the defendants. There wil be no adjournments except by formal application pursuant to 22NYCRR 9125; and it is further ORDERED, that counsel for moving defendants in Action # 1, is directed to serve a copy of this order upon the attorneys for all parties herein within ten (10) days of the date hereof; and it is further ORDERED that a copy of this order hall accompany the filing of any Note of Issue in the now consolidated action. All further requested relief not specifically granted is denied This constitutes the decision and order of the Court. Dated: October WILL M R. LaMARCA, J. EN,.e.f\EO \ \i CO\JN'T \J R"SOfF\ CO\JNI'i c\.e.

5 TO: Sullivan, Papain, Block, McGrath & Cannavo, PC Attorneys for Plaintiffs Keith Lane, Susan Lane, Julian Tavalaro, Michelle Tavalaro, Patrick Madden, Michelle Madden, Thomas McDermott, Nancy McDermott, John T. Madden and Steven Napoli 55 Mineola Boulevard Mineola, NY Chiariello & Chiariello, Esqs. Attorneys for Plaintiff Randee Watson Queens Boulevard Forest Hils, NY McAndrew, Conboy & Prisco, Esqs. Attorneys for Plaintiffs Kevin Canham and Jeanette Canham 95 Froehlich Farm Boulevard Woodbury, NY Sheps Law Group, PC Attorneys for Plaintiff Nationwide Insurance Company alslo Pasuale Cibells, Stewart Gelman and Oceanvile Manson Supply, Merchants Insurance Company alslo Orzano Inc. 35 Pinelawn Road, Suite 106E Melvile, NY Dell & Little, LLP Attorneys for Plaintiffs James Depresco, Gary Fish and Leonard Rosselo 350 Old Country Road, Suite 105 Garden City, NY Paul Zsuffa, Esq. Attorney for Plaintiffs ouis Devito, CPA Stewart Gelman and Pasquale Cibells 2463 Long Beach Road Oceanside, NY 11572, Louis Devito, Gelman & Devito, CPA', PC Stewart H. Friedman, Esq. Attorney for Defendants Oceanside Institutional I ndustries, Inc., Walter Hermann and Frank Ferrara One Hollow Lane, Suite 316 Lake Success, NY Milber, Makris, Plousadis & Seiden, LLP Attorneys for Defendant Vincent Orzano 1000 Woodbury Road Woodbury, NY lane&devito-oceanside #02/consolidate