| IN THE MATTER OF HEATH FARABELL V TOWN OF MACEDON |
| Motion No: TP 08-02050 |
| Slip Opinion No: 2008 NYSlipOp 87861(U) |
| Decided on October 28, 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 CENTRA, JJ.
DOCKET NO. TP 08-02050
| IN THE MATTER OF HEATH FARABELL, PETITIONER, V TOWN OF
MACEDON, RESPONDENT. |
Respondent having moved to consolidate its appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Wayne on June 3, 2008 with the CPLR article 78 proceeding transferred to this Court by the same order, and for an extension of time to file and serve its brief,
Now, upon reading and filing the affirmation of Anthony J. Villani dated October 13, 2008, the notice of motion with proof of service thereof, the affidavit of Daniel P. DeBolt sworn to October 24, 2008 and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, dismissed as unnecessary to the extent that it seeks consolidation, and is otherwise dismissed as premature.
Entered: October 28, 2008
JoAnn M. Wahl, Clerk