| IN THE MATTER OF NIAGARA FRONTIER TRANSPORTATION AUTHORITY V INTERNATIONAL LONGSHOREMEN'S ASSOCIATION LOCAL 2028 |
| Motion No: NOS. CA 09-00260 AND CA 09-00261 |
| Slip Opinion No: 2009 NYSlipOp 65636(U) |
| Decided on March 3, 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 09-00260 AND CA 09-00261
| IN THE MATTER OF NIAGARA FRONTIER TRANSPORTATION AUTHORITY,
PETITIONER-APPELLANT, V INTERNATIONAL LONGSHOREMEN'S ASSOCIATION LOCAL 2028,
RESPONDENT-RESPONDENT. |
Appellant having moved to consolidate the appeals taken from orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on December 10, 2008 and January 26, 2009, and for an extension of time to perfect the appeals, and respondent having cross-moved to dismiss the appeals on the ground that appellant is not aggrieved by the orders,
Now, upon reading and filing the affidavit of Wayne R. Gradl sworn to February 4, 2009, the notice of motion with proof of service thereof, the opposing affidavit of William E. Grande sworn to February 16, 2009, the notice of cross 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, the appeals from the orders entered December 10, 2008 and January 26, 2009 are hereby consolidated for the purposes of perfecting and arguing the appeals, appellant shall perfect the appeals on or before May 1, 2009 and, in the event of failure to so perfect, the appeals are hereby dismissed without further order, and
It is further ORDERED that the cross motion be, and the same hereby is, denied.
Entered: March 3, 2009
JoAnn M. Wahl, Clerk