| THEODORA DEWOLFE V GRETCHEN R. VANHOUTEN |
| Motion No: CA 12-02172 |
| Slip Opinion No: 2012 NY Slip Op 92587(U) |
| Decided on December 5, 2012 |
| 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., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 12-02172
DOCKET NO. CA 12-02173
| DIPIZIO CONSTRUCTION COMPANY, INC., PLAINTIFF-APPELLANT, V NIAGARA FRONTIER TRANSPORTATION
AUTHORITY, DEFENDANT-RESPONDENT. (APPEAL NO. 1.) DIPIZIO CONSTRUCTION COMPANY, INC., PLAINTIFF-APPELLANT,
V NIAGARA FRONTIER TRANSPORTATION AUTHORITY, 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 Erie on October 11, 2012,
Now, upon reading and filing the affidavit of David H. Elibol, Esq., sworn to November 19, 2012, the notice of motion with proof of service thereof, and the affirmation of Robert J. Fluskey, Jr., Esq., dated November 27, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and the appeals from the orders entered October 11, 2012, are hereby consolidated for the purposes of perfecting and arguing the appeals.
Entered: December 5, 2012
Frances E. Cafarell, Clerk