CUSTOM TOPSOIL, INC. AND 1070 SENECA STREET, INC., /- V CITY OF BUFFALO AND RICHARD M. TOBE, COMMISSIONER, CITY OF

CUSTOM TOPSOIL, INC. AND 1070 SENECA STREET, INC., /- V CITY OF BUFFALO AND RICHARD M. TOBE, COMMISSIONER, CITY OF

Motion No: CA 08-01637, CA 08-01638, AND CA 08-01639

Slip Opinion No: 2008 NYSlipOp 80171(U)

Decided on August 12, 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.

August 12, 2008

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

DOCKET NO. CA 08-01637, CA 08-01638, AND CA 08-01639

CUSTOM TOPSOIL, INC. AND 1070 SENECA STREET, INC.,
PETITIONERS/PLAINTIFFS-RESPONDENTS,
V
CITY OF BUFFALO AND RICHARD M. TOBE, COMMISSIONER, CITY OF
BUFFALO DEPARTMENT OF ECONOMIC DEVELOPMENT, PERMIT AND
INSPECTION SERVICES, RESPONDENTS/DEFENDANTS-APPELLANTS.

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 Erie on January 11, 2008, May 6, 2008 and May 12, 2008,

Now, upon reading and filing the affidavit of Brendan R. Mehaffy sworn to July 28, 2008, the notice of motion with proof of service thereof, 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 January 11, 2008, May 6, 2008 and May 12, 2008 are hereby consolidated for the purposes of perfecting and arguing the appeals.

Entered: August 12, 2008

JoAnn M. Wahl, Clerk