| M & T REAL ESTATE TRUST, SUCCESSOR BY MERGER TO M & T REAL ESTATE, INC. V JAMES J. DOYLE, II AND JIM DOYLE FORD, INC. |
| Motion No: NOS. CA 11-01572 AND CA 11-01573 |
| Slip Opinion No: 2011 NY Slip Op 81342(U) |
| Decided on August 16, 2011 |
| 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., CENTRA, FAHEY, PERADOTTO, AND CARNI, JJ.
DOCKET NOS. CA 11-01572 AND CA 11-01573
| M & T REAL ESTATE TRUST, SUCCESSOR BY MERGER TO M & T REAL ESTATE,
INC., PLAINTIFF-RESPONDENT, V JAMES J. DOYLE, II AND JIM DOYLE FORD, INC.,
DEFENDANTS-APPELLANTS. |
Appellants having moved to consolidate the appeals taken herein from an order and an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on June 29, 2011 (Appeal No. 1), and July 20, 2011 (Appeal No. 2),
Now, upon reading and filing the affidavit of John K. Rottaris, Esq., sworn to August 5, 2011, and 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 order and judgment entered June 29, 2011, and July 20, 2011, are hereby consolidated for the purposes of perfecting and arguing the appeals.
Entered: August 16, 2011
Patricia L. Morgan, Clerk