| IN THE MATTER OF MARGARET M. POTTER, JOSEPH J. GELSOMINO, JOHN S. HUGHES, JANE B. ROBBINS, PETER T. WESTPHAL, AND |
| Motion No: NOS. CA 08-01727 AND CA 08-01967 |
| Slip Opinion No: 2008 NYSlipOp 84576(U) |
| Decided on September 30, 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, MARTOCHE, SMITH, AND CENTRAL, JJ.
DOCKET NOS. CA 08-01727 AND CA 08-01967
| IN THE MATTER OF MARGARET M. POTTER, JOSEPH J. GELSOMINO, JOHN S.
HUGHES, JANE B. ROBBINS, PETER T. WESTPHAL, AND ARTHUR J. GIACALONE, PETITIONERS-APPELLANTS, V TOWN BOARD OF THE TOWN OF
AURORA, MARTHA L. LIBROCK, AS TOWN CLERK OF THE TOWN OF AURORA, AND 300 GLEED AVENUE, LLC, RESPONDENTS-RESPONDENTS.
(APPEAL NO. 1.) IN THE MATTER OF MARGARET M. POTTER, JOHN S. HUGHES, JOHN LYONS, NATALIE LYONS, PATRICK F. MCDONNELL,
AND ARTHUR J. GIACALONE, PETITIONERS/PLAINTIFFS-APPELLANTS, V TOWN BOARD OF THE TOWN OF AURORA, AND 300 GLEED AVENUE, LLC,
RESPONDENTS/DEFENDANTS-RESPONDENTS. (APPEAL NO. 2.) |
Appellants having moved to consolidate the appeals taken from orders and judgments of the Supreme Court entered in the Office of the Clerk of the County of Erie on March 19, 2008 and September 16, 2008,
Now, upon reading and filing the affirmation of Arthur J. Giacolone dated September 19, 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 and judgments entered March 19, 2008 and September 16, 2008 are hereby consolidated for the purposes of perfecting and arguing the appeals.
Entered: September 30, 2008
JoAnn M. Wahl, Clerk