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

DOCKET NOS. CA 08-00896 AND CA 08-00897
DOCKET NOS. CA 08-00896 AND CA 08-00897PAGE 2

IN THE MATTER OF PAUL BROWN, AS PRESIDENT OF THE BUILDING AND CONSTRUCTION TRADES COUNCIL OF BUFFALO AND VICINITY, AND THE BUILDING AND CONSTRUCTION TRADES COUNCIL OF BUFFALO AND VICINITY, PETITIONERS-RESPONDENTS, V COUNTY OF ERIE AND TOM GREENAUER DEVELOPMENT INC., RESPONDENTS-APPELLANTS. OPERATING ENGINEERS LOCAL 17 TRAINING FUND, INTERVENOR-RESPONDENT; ASSOCIATED BUILDERS & CONTRACTORS, INC., INTERVENOR-APPELLANT. (APPEAL NO. 1.) ——————————————————————& mdash;—————————————————————&m dash;————————————- IN THE MATTER OF PAUL BROWN, AS PRESIDENT OF THE BUILDING AND CONSTRUCTION TRADES COUNCIL OF BUFFALO AND VICINITY, THE BUILDING AND CONSTRUCTION TRADES COUNCIL OF BUFFALO AND VICINITY, AND THE OPERATING ENGINEERS LOCAL 17 TRAINING FUND, PETITIONERS-RESPONDENTS, V COUNTY OF ERIE, TOM GREENAUER DEVELOPMENT INC., AND ASSOCIATED BUILDERS & CONTRACTORS, INC., RESPONDENTS-APPELLANTS. (APPEAL NO. 2.) Appellants Tom Greenauer Development, Inc. and Associated Builders & Contractors, Inc. having moved to consolidate the appeals taken from orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on October 16, 2007 and February 21, 2008, Now, upon reading and filing the affidavit of Robert A. Doren sworn to April 19, 2008, the notice of motion with proof of service thereof, the affidavit of Martin A. Polowy sworn to May 2, 2008, and due deliberation having been had thereon, PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.

It is hereby ORDERED that the motion be, and the same hereby is, granted and the appeals from the orders entered October 16, 2007 and February 21, 2008 are hereby consolidated for the purposes of perfecting and arguing the appeals.

Entered: May 12, 2008

JoAnn M. Wahl, Clerk