PRESENT: CENTRA, J.P., FAHEY, PERADOTTO, CARNI, AND SCONIERS, JJ.

DOCKET NO. CA 12-00055
DOCKET NO. CA 12-00146

GENESEE/WYOMING YMCA, PLAINTIFF, V BOVIS LEND LEASE LMB, INC., DEFENDANT. BOVIS LEND LEASE LMB, INC., THIRD-PARTY PLAINTIFF-RESPONDENT, V WHITNEY EAST, INC., THIRD-PARTY DEFENDANT, AND THOMAS ASSOCIATES ARCHITECTS & ENGINEERS, P.C., THIRD-PARTY DEFENDANTS-APPELLANTS. (APPEAL NO. 1.) GENESEE/WYOMING YMCA, PLAINTIFF-RESPONDENT, V BOVIS LEND LEASE LMB, INC., DEFENDANT-APPELLANT. BOVIS LEND LEASE LMB, INC., THIRD-PARTY PLAINTIFF-APPELLANT, V WHITNEY EAST, INC., AND THOMAS ASSOCIATES ARCHITECTS & ENGINEERS, P.C., THIRD-PARTY DEFENDANTS-RESPONDENTS. (APPEAL NO. 2.)

Defendant and third-party plaintiff Bovis Lend Lease LMB, Inc., having moved for an order consolidating 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, 2011 (Docket No. CA 12-00055), and January 3, 2012 (Docket No. CA 12-00146), and directing that both appeals be argued and heard together, and having moved for other relief,

Now, upon reading and filing the affirmation of John G. Powers, Esq., dated April 6, 2012, 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 to the extent that appeal No. 1 is removed from the Court's day calendar for May 15, 2012, and added to the Court's day calendar for September 4, 2012, and

It is further ORDERED that the motion is otherwise denied.

Entered: April 23, 2012

Frances E. Cafarell, Clerk