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

DOCKET NOS. CA 08-02265, CA 08-02266, CA09-00002, AND CA 09-00001
DRIVE (LOT 11K), SBL NO. 114-02-05.6; 304 HIAWATHA
BOULEVARD W. REAR (LOT 11B), SBL NO. 114-02-05.2 IN THE
DRIVE (LOT 11K), SBL NO. 114-02-05.6; 304 HIAWATHA
BOULEVARD W. REAR (LOT 11B), SBL NO. 114-02-05.2 IN THE
DRIVE (LOT 11K), SBL NO. 114-02-05.6; 304 HIAWATHA
BOULEVARD W. REAR (LOT 11B), SBL NO. 114-02-05.2 IN THE
DRIVE (LOT 11K), SBL NO. 114-02-05.6; 304 HIAWATHA
BOULEVARD W. REAR (LOT 11B), SBL NO. 114-02-05.2 IN THE
DRIVE (LOT 11K), SBL NO. 114-02-05.6; 304 HIAWATHA
BOULEVARD W. REAR (LOT 11B), SBL NO. 114-02-05.2 IN THE
IDENTIFIED AS 1 CAROUSEL CENTER DRIVE (LOT 11K), SBL NO. 114-02-05.6; 304
HIAWATHA BOULEVARD W. REAR (LOT 11B), SBL NO. 114-02-05.2 IN THE CITY OF SYRACUSE, NEW YORK, WHICH PARCELS COMPRISE A PORTION OF THE SITE
IDENTIFIED AS 1 CAROUSEL CENTER DRIVE (LOT 11K), SBL NO. 114-02-05.6; 304 HIAWATHA BOULEVARD W. REAR (LOT 11B), SBL NO. 114-02-05.2 IN THE CITY

LT PROPCO, LLC, PLAINTIFF-APPELLANT, V CAROUSEL CENTER COMPANY LP AND CITY OF SYRACUSE INDUSTRIAL DEVELOPMENT AGENCY, DEFENDANTS-RESPONDENTS. (ACTION NO. 1.) LORD & TAYLOR CAROUSEL, INC., PLAINTIFF-APPELLANT, V CAROUSEL CENTER COMPANY LP AND CITY OF SYRACUSE INDUSTRIAL DEVELOPMENT AGENCY, DEFENDANTS-RESPONDENTS. (ACTION NO. 2.) ——————————————————————& mdash;———— IN THE MATTER OF THE APPLICATION OF THE CITY OF SYRACUSE INDUSTRIAL DEVELOPMENT AGENCY, PETITIONER-RESPONDENT, TO ACQUIRE CERTAIN INTERESTS IN THE CAROUSEL CENTER SITE, WHICH SITE IS GENERALLY IDENTIFIED AS 1 CAROUSEL CENTER CITY OF SYRACUSE, NEW YORK, WHICH PARCELS COMPRISE A PORTION OF THE SITE FOR THE PHASED PUBLIC PROJECT KNOWN AS DESTINY USA. ——————————————————————& mdash;———— L & T CAROUSEL CENTER INTERESTS, RESPONDENT-APPELLANT. (PROCEEDING NO. 1.) (APPEAL NO. 1.) LT PROPCO, LLC, PLAINTIFF-APPELLANT, V CAROUSEL CENTER COMPANY LP AND CITY OF SYRACUSE INDUSTRIAL DEVELOPMENT AGENCY, DEFENDANTS-RESPONDENTS. (ACTION NO. 1.) ——————————————————————& mdash;———— LORD & TAYLOR CAROUSEL, INC., PLAINTIFF-APPELLANT, V January 13, 2009 Page 2 CAROUSEL CENTER COMPANY LP AND CITY OF SYRACUSE INDUSTRIAL DEVELOPMENT AGENCY, DEFENDANTS-RESPONDENTS. (ACTION NO. 2.) ——————————————————————& mdash;———— KAUFMANN'S CAROUSEL, INC., PLAINTIFF-APPELLANT V CAROUSEL CENTER COMPANY LP AND CITY OF SYRACUSE INDUSTRIAL DEVELOPMENT AGENCY, DEFENDANTS-RESPONDENTS. (ACTION NO. 3.) ——————————————————————& mdash;———— IN THE MATTER OF THE APPLICATION OF THE CITY OF SYRACUSE INDUSTRIAL DEVELOPMENT AGENCY, PETITIONER-RESPONDENT, TO ACQUIRE CERTAIN INTERESTS IN THE CAROUSEL CENTER SITE, WHICH SITE IS GENERALLY IDENTIFIED AS 1 CAROUSEL CENTER CITY OF SYRACUSE, NEW YORK, WHICH PARCELS COMPRISE A PORTION OF THE SITE FOR THE PHASED PUBLIC PROJECT KNOWN AS DESTINY USA. ——————————————————————& mdash;———— L & T CAROUSEL CENTER INTERESTS, RESPONDENT-APPELLANT. (PROCEEDING NO. 1.) ——————————————————————& mdash;———— IN THE MATTER OF THE APPLICATION OF THE CITY OF SYRACUSE INDUSTRIAL DEVELOPMENT AGENCY, PETITIONER-RESPONDENT, TO ACQUIRE CERTAIN INTERESTS IN THE CAROUSEL CENTER SITE, WHICH SITE IS GENERALLY IDENTIFIED AS 1 CAROUSEL CENTER CITY OF SYRACUSE, NEW YORK, WHICH PARCELS COMPRISE A PORTION OF THE SITE FOR THE PHASED PUBLIC PROJECT KNOWN AS DESTINY USA. ——————————————————————& mdash;———— KAUFMANN'S CAROUSEL CENTER INTERESTS, RESPONDENT-APPELLANT. (PROCEEDING NO. 2.) (APPEAL NO. 2.) LT PROPCO, LLC, PLAINTIFF-APPELLANT, V January 13, 2009 Page 3 CAROUSEL CENTER COMPANY LP AND CITY OF SYRACUSE INDUSTRIAL DEVELOPMENT AGENCY, DEFENDANTS-RESPONDENTS. (ACTION NO. 1.) ——————————————————————& mdash;———— LORD & TAYLOR CAROUSEL, INC., PLAINTIFF-APPELLANT, V CAROUSEL CENTER COMPANY LP AND CITY OF SYRACUSE INDUSTRIAL DEVELOPMENT AGENCY, DEFENDANTS-RESPONDENTS. (ACTION NO. 2.) ——————————————————————& mdash;———— KAUFMANN'S CAROUSEL, INC., PLAINTIFF-APPELLANT V CAROUSEL CENTER COMPANY LP AND CITY OF SYRACUSE INDUSTRIAL DEVELOPMENT AGENCY, DEFENDANTS-RESPONDENTS. (ACTION NO. 3.) ——————————————————————& mdash;———— IN THE MATTER OF THE APPLICATION OF THE CITY OF SYRACUSE INDUSTRIAL DEVELOPMENT AGENCY, PETITIONER-RESPONDENT, TO ACQUIRE CERTAIN INTERESTS IN THE CAROUSEL CENTER SITE, WHICH SITE IS GENERALLY IDENTIFIED AS 1 CAROUSEL CENTER CITY OF SYRACUSE, NEW YORK, WHICH PARCELS COMPRISE A PORTION OF THE SITE FOR THE PHASED PUBLIC PROJECT KNOWN AS DESTINY USA. ——————————————————————& mdash;———— L & T CAROUSEL CENTER INTERESTS, RESPONDENT-APPELLANT. (PROCEEDING NO. 1.) ——————————————————————& mdash;———— IN THE MATTER OF THE APPLICATION OF THE CITY OF SYRACUSE INDUSTRIAL DEVELOPMENT AGENCY, PETITIONER-RESPONDENT, TO ACQUIRE CERTAIN INTERESTS IN THE CAROUSEL CENTER SITE, WHICH SITE IS GENERALLY IDENTIFIED AS 1 CAROUSEL CENTER CITY OF SYRACUSE, NEW YORK, WHICH PARCELS COMPRISE A PORTION OF THE SITE FOR THE PHASED PUBLIC PROJECT KNOWN AS DESTINY USA. ——————————————————————& mdash;———— January 13, 2009 Page 4 KAUFMANN'S CAROUSEL CENTER INTERESTS, RESPONDENT-APPELLANT. (PROCEEDING NO. 2.) (APPEAL NO. 3.) IN THE MATTER OF THE APPLICATION OF THE CITY OF SYRACUSE INDUSTRIAL DEVELOPMENT AGENCY, PETITIONER-RESPONDENT, TO ACQUIRE CERTAIN INTERESTS IN THE CAROUSEL CENTER SITE, WHICH SITE IS GENERALLY FOR THE PHASED PUBLIC PROJECT KNOWN AS DESTINY USA. ——————————————————————& mdash;———— L & T CAROUSEL CENTER INTERESTS, RESPONDENT-APPELLANT. (PROCEEDING NO. 1.) ——————————————————————& mdash;———— IN THE MATTER OF THE APPLICATION OF THE CITY OF SYRACUSE INDUSTRIAL DEVELOPMENT AGENCY, PETITIONER-RESPONDENT, TO ACQUIRE CERTAIN INTERESTS IN THE CAROUSEL CENTER SITE, WHICH SITE IS GENERALLY FOR THE PHASED PUBLIC PROJECT KNOWN AS DESTINY USA. ——————————————————————& mdash;———— KAUFMANN'S CAROUSEL CENTER INTERESTS, RESPONDENT-APPELLANT. (PROCEEDING NO. 2.) (APPEAL NO. 4.)

Appellant having moved to consolidate the appeals taken from orders and a judgment of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on August 7,

2008, August 7, 2008, December 11, 2008 and December 23, 2008, and for an extension of time to perfect the appeals,

Now, upon reading and filing the affirmation of Douglas A. Foos dated December 30, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Mark R. McNamara dated January 8, 2009, the opposing affirmation of William J. Gilberti, Jr. dated January 9, 2009, and due deliberation having been had thereon,

January 13, 2009

Page 5

It is hereby ORDERED that the motion be, and the same hereby is, granted, the appeals from the orders and judgment entered August 7, 2008, August 7, 2008, December 11, 2008 and December 20, 2008 are hereby consolidated for the purposes of perfecting and arguing the appeals, and the ordering paragraphs of the orders of this Court entered November 24, 2008 are hereby amended by deleting the date January 30, 2009 and inserting in its place the date February 27, 2009.

Entered: January 13, 2009

JoAnn M. Wahl, Clerk