| 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 62859(U) |
| Decided on February 2, 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)
——————————————————————&
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 vacate the dismissal of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on March 24, 2008, and to consolidate that appeal with the appeal and cross appeal taken from an order of the same Court entered July 18, 2008,
Now, upon reading and filing the affirmation of Michael R. McGee dated January 23, 2009, the notice of motion with proof of service thereof, the opposing affidavit of R. Anthony Rupp, III sworn to January 30, 2009, the reply affirmation of Jennifer L. Friedman dated January 30, 2009, and due deliberation having been had thereon,
DOCKET NOS. CA 08-02034 AND CA 09-00070
PAGE 2
FEBRUARY 2, 2009
It is hereby ORDERED that the motion be, and the same hereby is, granted, and the appeals are hereby consolidated for the purposes of perfecting and arguing the appeals, on the condition that defendants perfect the appeals on or before March 4, 2009.
Entered: February 2, 2009
JoAnn M. Wahl, Clerk