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

DOCKET NO. CA 12-00797
DOCKET NO. CA 12-00798

BRETT BELLRENG, PLAINTIFF, V SICOLI & MASSARO, INC., LOCKPORT CITY SCHOOL DISTRICT BOARD OF EDUCATION, DEFENDANTS. SICOLI & MASSARO, INC., THIRD-PARTY PLAINTIFF, V GUARD CONSTRUCTION & CONTRACTING, CORP., THIRD-PARTY DEFENDANT. GUARD CONTRACTING CORP. ALSO KNOWN AS GUARD CONSTRUCTION & CONTRACTING, CORP., FOURTH-PARTY PLAINTIFF-APPELLANT, V INNOVATIVE INSULATED SYSTEMS, INC., ALSO KNOWN AS INNOVATIVE INSULATION INC., FOURTH-PARTY DEFENDANT-RESPONDENT. (APPEAL NO. 1.) BRETT BELLRENG, PLAINTIFF-RESPONDENT, V SICOLI & MASSARO, INC., LOCKPORT CITY SCHOOL DISTRICT BOARD OF EDUCATION, DEFENDANTS-RESPONDENTS. SICOLI & MASSARO, INC., THIRD-PARTY PLAINTIFF-RESPONDENT, V GUARD CONSTRUCTION & CONTRACTING, CORP., THIRD-PARTY DEFENDANT-APPELLANT. GUARD CONTRACTING CORP. ALSO KNOWN AS GUARD CONSTRUCTION & CONTRACTING, CORP., FOURTH-PARTY PLAINTIFF-APPELLANT, V INNOVATIVE INSULATED SYSTEMS, INC., ALSO KNOWN AS INNOVATIVE INSULATION INC., FOURTH-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 Niagara on November 30, 2011 (appeal No. 1), and March 21, 2012 (appeal No. 2),

Now, upon reading and filing the affirmation of Brian R. Biggie, Esq., dated April 25, 2012, 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 orders entered November 30, 2011, and March 21, 2012, are hereby consolidated for the purposes of perfecting and arguing the appeals.

Entered: May 25, 2012

Frances E. Cafarell, Clerk