PRESENT: SCUDDER, P. J., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.

DOCKET NO. CA 10-00546
DOCKET NO. CA 10-00839

MICHAEL DAHAR, PLAINTIFF-APPELLANT, V HOLLAND LAND & MANUFACTURING COMPANY, GREEN BULL, INC., HANES SUPPLY, INC., BECHTEL CORPORATION, BECHTEL NATIONAL, INC., WARNER G. MARTIN, AND SHIRLEY J. MARTIN, DEFENDANTS-RESPONDENTS, BECHTEL CORPORATION AND BECHTEL NATIONAL, INC., THIRD-PARTY PLAINTIFFS-RESPONDENTS, V WEST METAL WORKS, INC., THIRD-PARTY DEFENDANT-RESPONDENT. (APPEAL NO. 1.) MICHAEL DAHAR, PLAINTIFF-APPELLANT, V HOLLAND LAND & MANUFACTURING COMPANY, GREEN BULL, INC., HANES SUPPLY, INC., BECHTEL CORPORATION, BECHTEL NATIONAL, INC., WARNER G. MARTIN, AND SHIRLEY J. MARTIN, DEFENDANTS-RESPONDENTS, ——————————————————————& mdash;—————— BECHTEL CORPORATION AND BECHTEL NATIONAL, INC., THIRD-PARTY PLAINTIFFS-RESPONDENTS, V WEST METAL WORKS, INC., THIRD-PARTY DEFENDANT-RESPONDENT. (APPEAL NO. 2.)

Appellant having moved to consolidate the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on November 17, 2009 and March 11, 2010,

Now, upon reading and filing the affidavit of John A. Collins, Esq. sworn to April 8, 2010, the notice of motion with proof of service thereof, the statement of David R. Adams, Esq. dated April 15, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted and the appeals from the orders entered November 17, 2009 and March 11, 2010 are hereby consolidated for the purposes of perfecting and arguing the appeals, on the condition that the appeals are perfected on or before June 1, 2010.

Entered: April 27, 2010

Patricia L. Morgan, Clerk