| WESTERN NEW YORK LAND CONSERVANCY, INC., V JOHN S. CULLEN AND CULLENWOOD FARMS, LLC, . |
| Motion No: NOS. CA 08-02034 AND CA 09-00070 |
| Slip Opinion No: 2009 NYSlipOp 61566(U) |
| Decided on January 21, 2009 |
| 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 NOS. CA 08-02034 AND CA 09-00070
| WESTERN NEW YORK LAND CONSERVANCY, INC.,
PLAINTIFF-RESPONDENT-APPELLANT, V JOHN S. CULLEN AND CULLENWOOD FARMS, LLC,
DEFENDANTS-APPELLANTS-RESPONDENTS. CULLENWOOD FARMS, LLC, PLAINTIFF-APPELLANT, V WESTERN NEW YORK LAND
CONSERVANCY, DEFENDANT-RESPONDENT. (ACTION NO. 1)
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mdash;————————————— WESTERN NEW YORK LAND CONSERVANCY, INC.
PLAINTIFF-RESPONDENT, V JOHN S. CULLEN AND CULLENWOOD FARMS, LLC, DEFENDANTS-APPELLANTS. (ACTION NO.
2) |
Defendants having moved to consolidate the appeals and cross appeal taken from orders and a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on July 18, 2008 and March 24, 2008,
Now, upon reading and filing the affirmation of Michael R. McFee dated January 8, 2009, 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, denied with leave to renew upon showing of merit to the appeal from the order entered March 24, 2008 on or before February 20, 2009 (see 22 NYCRR 1000.13 [g]).
Entered: January 21, 2009
JoAnn M. Wahl, Clerk