| IN THE MATTER OF LEGACY AT FAIRWAYS, LLC AND BOUGHTON PROPERTIES, LLC V THE PLANNING BOARD OF THE TOWN OF VICTOR |
| Motion No: CA 12-02240 |
| Slip Opinion No: 2013 NY Slip Op 62424(U) |
| Decided on January 23, 2013 |
| 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 12-02240
DOCKET NO. CA 12-02241
| IN THE MATTER OF LEGACY AT FAIRWAYS, LLC AND BOUGHTON
PROPERTIES, LLC, PETITIONERS-RESPONDENTS, V THE PLANNING BOARD OF THE TOWN OF VICTOR,
RESPONDENT-APPELLANT. (APPEAL NO. 1) LEGACY AT FAIRWAYS TOWNHOMES, LLC, US HOMES CO., INC. AND MARK IV
CONSTRUCTION, INC., PETITIONERS-RESPONDENTS, V THE PLANNING BOARD OF THE TOWN OF VICTOR,
RESPONDENT-APPELLANT. (APPEAL NO. 2.) |
Appellant having moved to consolidate the appeals taken herein from judgments and orders of the Supreme Court entered in the Office of the Clerk of the County of Monroe on October 24, 2012,
Now, upon reading and filing the affidavit of Michael R. Wolford, Esq., sworn to December 5, 2012, the notice of motion with proof of service thereof, and the affirmation of Anthony J. Adams, Esq., dated December 6, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and the appeals from the judgments and orders entered October 24, 2012, are hereby consolidated for the purposes of perfecting and arguing the appeals.
Entered: January 23, 2013
Frances E. Cafarell, Clerk