PRESENT: SCUDDER, P.J., SMITH, GREEN, PINE, AND GORSKI, JJ.

DOCKET NO. CA 10-00573, CA 10-01845 AND CA 10-01846

HERKIMER COUNTY INDUSTRIAL DEVELOPMENT AGENCY, PLAINTIFF-APPELLANT, V VILLAGE OF HERKIMER, DEFENDANT-RESPONDENT, AND COUNTY OF HERKIMER, DEFENDANT-APPELLANT.

Appellant County of Herkimer 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 Herkimer on June 17, 2009 (Appeal No. 1.), April 30, 2010 (Appeal No. 2.), and May 11, 2010 (Appeal No. 3.), and to adjourn oral argument on Appeal No. 1,

Now, upon reading and filing the affidavit of Lorraine H. Lewandrowski, Esq. sworn to September 2, 2010, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks to consolidate the appeals is granted, to the extent that the County of Herkimer's appeals from the orders entered June 17, 2009, April 30, 2010, and May 11, 2010, are hereby consolidated for the purpose of arguing the appeals, on the condition that Appeal No. 3 is perfected on or before November 12, 2010, in which case Appeal No. 3 shall be added to the Court's calendar for the term commencing February 28, 2011,

It is further ORDERED that the motion insofar as it seeks to adjourn oral argument on Appeal No. 1 is granted, and Appeal No. 1 is removed from this Court's day calendar for December 6, 2010, and added to the calendar for the term commencing February 28, 2011,

It is further ORDERED that the motion is otherwise denied.

Entered: October 26, 2010

Patricia L. Morgan, Clerk