DONALD J. JONES, CAROL L. JONES, AND JONES-CARROLL, INC. V TOWN OF CARROLL AND THE TOWN BOARD OF THE TOWN OF CARROLL
Motion No: NOS. CA 07-02507 AND CA 07-02508
Slip Opinion No: 2008 NYSlipOp 60737(U)
Decided on January 9, 2008
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.


January 9, 2008

PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.

DOCKET NOS. CA 07-02507 AND CA 07-02508

DONALD J. JONES, CAROL L. JONES, AND

JONES-CARROLL, INC., PLAINTIFFS-RESPONDENTS,

V

TOWN OF CARROLL AND THE TOWN BOARD OF THE TOWN OF CARROLL,

DEFENDANTS-APPELLANTS.

(ACTION NO. 1.)



DONALD J. JONES, CAROL L. JONES, AND JONES-CARROLL, INC., PLAINTIFFS-APPELLANTS,

V

TOWN OF CARROLL AND THE TOWN BOARD OF THE TOWN OF CARROLL, DEFENDANTS-RESPONDENTS.

(ACTION NO. 2.)


Plaintiffs having moved to consolidate the appeals taken from orders of the Supreme Court entered in the Office of the Clerk of the County of Chautauqua on August 10, 2007 and September 21, 2007,

Now, upon reading and filing the affidavit of Anthony M. Nosek sworn to

November 28, 2007, the notice of motion with proof of service thereof, the opposing affidavit of Paul V. Webb, Jr. sworn to December 6, 2007, the reply affidavit of Anthony M. Nosek sworn to December 11, 2007, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, denied.

Entered: January 9, 2008

JoAnn M. Wahl, Clerk