| FRANK PARLATO, JR., INDIVIDUALLY AND AS MANAGER OF ONE NIAGARA, LLC AND AS PRESIDENT OF WHITESTAR DEVELOPMENT CORP. AND |
| Motion No: NOS. CA 08-01817, CA 08-01818 AND CA 08-01819 |
| Slip Opinion No: 2008 NYSlipOp 83378(U) |
| Decided on September 10, 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: SCUDDER, P.J., HURLBUTT, CENTRA, AND LUNN, JJ.
DOCKET NOS. CA 08-01817, CA 08-01818 AND CA 08-01819
| FRANK PARLATO, JR., INDIVIDUALLY AND AS MANAGER OF ONE NIAGARA,
LLC AND AS PRESIDENT OF WHITESTAR DEVELOPMENT CORP. AND WHITESTAR DEVELOPMENT CORP. AS A MEMBER OF ONE NIAGARA, LLC,
PLAINTIFFS-RESPONDENTS, V INCREDIBLE INVESTMENTS LIMITED, SHMUEL SHMUELI, DEFENDANTS-APPELLANTS, ET AL.,
DEFENDANT. |
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 Niagara on May 21, 2008, July 15, 2008, and August 7, 2008, to limit or modify the order entered May 21, 2008, and for other relief,
Now, upon reading and filing the affidavit of Joseph E. Zdarsky sworn to August 20, 2008, the affidavit of Steven M. Cohen sworn to August 20, 2008, the notice of motion with proof of service thereof, the opposing affidavit of Frank Parlato, Jr. sworn to August 27, 2008, the opposing affidavit of John G. Schmidt, Jr. sworn to August 28, 2008, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, granted to the extent that the appeals from the orders entered May 21, 2008, July 15, 2008 and August 7, 2008 are hereby consolidated for the purposes of perfecting and arguing the appeals, and the motion is otherwise denied.
Entered: September 10, 2008
JoAnn M. Wahl, Clerk