MCGUIRE CHILDREN, LLC, , FRANK MCGUIRE V WILLIAM HUNTRESS, ACQUEST HOLDINGS, INC., ACQUEST DEVELOPMENT, LLC, ACQUEST
Motion No: CA 10-01163
Slip Opinion No: 2010 NY Slip Op 73899(U)
Decided on June 8, 2010
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.


June 8, 2010

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

DOCKET NO. CA 10-01163
DOCKET NO. CA 10-01165

MCGUIRE CHILDREN, LLC, PLAINTIFF-RESPONDENT-APPELLANT,

FRANK MCGUIRE, ET AL., PLAINTIFFS,

V

WILLIAM HUNTRESS, ACQUEST HOLDINGS, INC.,

ACQUEST DEVELOPMENT, LLC, ACQUEST GOVERNMENT

HOLDINGS OPP, LLC, ACQUEST GOVERNMENT HOLDINGS, U.S.

GEOLOGICAL, LLC, LINCOLN PARK ASSOCIATES, LLC,

DEFENDANTS-APPELLANTS-RESPONDENTS. (APPEAL NO. 1.)

MCGUIRE CHILDREN, LLC, PLAINTIFF-RESPONDENT-APPELLANT,

FRANK MCGUIRE, ET AL., PLAINTIFFS,

V

WILLIAM HUNTRESS, ACQUEST HOLDINGS, INC.,

ACQUEST DEVELOPMENT, LLC, ACQUEST GOVERNMENT

HOLDINGS OPP, LLC, ACQUEST GOVERNMENT HOLDINGS, U.S. GEOLOGICAL,

LLC, LINCOLN PARK ASSOCIATES, LLC,

DEFENDANTS-APPELLANTS-RESPONDENTS. (APPEAL NO. 2.)


Appellants-respondents having moved to consolidate the appeals and cross appeals taken from an order and a judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on November 10, 2009 and January 19, 2010,

Now, upon reading and filing the affirmation of Thomas V. Hagerty, Esq. dated May 21, 2010, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted and the appeals from the order and the judgment entered November 10, 2009 and January 19, 2010 are hereby consolidated for the purposes of perfecting and arguing the appeals.

Entered: June 8, 2010

Patricia L. Morgan, Clerk