| PETER E. BISSELL V TOWN OF AMHERST |
| Motion No: CA 08-01113 |
| Slip Opinion No: 2008 NYSlipOp 77340(U) |
| Decided on July 3, 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. |
PRESENT: HURLBUTT, J.P., SMITH, CENTRA, GREEN, AND PINE, JJ.
DOCKET NO. CA 08-01113
| PETER E. BISSELL, ET AL., PLAINTIFFS, V TOWN OF AMHERST,
DEFENDANT. TOWN OF AMHERST, THIRD-PARTY PLAINTIFF-RESPONDENT, V MCGONIGLE & HILGER ROOFING COMPANY,
THIRD-PARTY DEFENDANT-APPELLANT. (APPEAL NO. 4.) |
Appellant having moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on April 27, 2007, and to consolidate that appeal with appeals from an order and judgments of the same Court entered July 23, 2007 (Docket No. CA 07-01601), August 2, 2007 (Docket No. CA 07-01660) and August 20, 2007 (Docket No. CA 07-02225),
Now, upon reading and filing the affirmation of Sim R. Shapiro dated June 4, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Alan D. Voos dated June 9, 2008, the reply affirmation of Sim R. Shapiro dated June 19, 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 are hereby consolidated for the purpose of arguing the appeals.
Entered: July 3, 2008
JoAnn M. Wahl, Clerk