SENECA PIPE & PAVING CO., INC. V SOUTH SENECA CENTRAL SCHOOL DISTRICT, JAVEN CONSTRUCTION COMPANY AND FEDERICO
Motion No: NOS. CA 08-00795, CA 08-00798, AND CA 08-00796
Slip Opinion No: 2008 NYSlipOp 72711(U)
Decided on May 14, 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.


May 14, 2008

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

DOCKET NOS. CA 08-00795, CA 08-00798, AND CA 08-00796

SENECA PIPE & PAVING CO., INC., PLAINTIFF-APPELLANT,

V

SOUTH SENECA CENTRAL SCHOOL DISTRICT, JAVEN CONSTRUCTION

COMPANY AND FEDERICO CONSTRUCTION COMPANY,

DEFENDANTS-RESPONDENTS, ET AL., DEFENDANT.

(APPEAL NO. 1.)



SENECA PIPE & PAVING CO., INC., PLAINTIFF-APPELLANT,

V

SOUTH SENECA CENTRAL SCHOOL DISTRICT, DEFENDANT-RESPONDENT.

(APPEAL NO. 2.)

——————————————————————& mdash;———————————————————

SENECA PIPE & PAVING CO., INC., PLAINTIFF-APPELLANT,

V

CHRISTA CONSTRUCTION CO., INC., ET AL., DEFENDANTS, AND JAVEN CONSTRUCTION CO., INC., DEFENDANT-RESPONDENT.


Appellant having moved to consolidate the appeals taken from orders of the Supreme Court entered in the Office of the Clerk of the County of Seneca on August 24, 2007, August 23, 2007, and August 24, 2007,

Now, upon reading and filing the affirmation of Kevin M. Cox dated April 15, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Laura W. Smalley dated April 25, 2008, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, granted and the appeals from the orders entered August 24, 2007, August 23, 2007, and August 24, 2007 are hereby consolidated for the purposes of perfecting and arguing the appeals.

Entered: May 14, 2008

JoAnn M. Wahl, Clerk