| AFFINITY ELMWOOD GATEWAY PROPERTIES, LLC V AJC PROPERTIES LLC EVELYN BENCINICH, SUSAN M. DAVIS, STEVEN GATHERS |
| Motion No: CA 13-00539 |
| Slip Opinion No: 2013 NY Slip Op 70710(U) |
| Decided on April 12, 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 13-00539
DOCKET NO. CA 13-00540
| AFFINITY ELMWOOD GATEWAY PROPERTIES, LLC,
PLAINTIFF-RESPONDENT, V AJC PROPERTIES LLC, DEFENDANT, EVELYN BENCINICH, SUSAN M. DAVIS, STEVEN GATHERS,
ANGELINE C. GENOVESE, SANDRA GIRAGE, LORENZ M. WUSTNER, DEFENDANTS-APPELLANTS, AND ARTHUR J. GIACALONE,
APPELLANT. (APPEAL NO. 1.) AFFINITY ELMWOOD GATEWAY PROPERTIES, LLC, PLAINTIFF-RESPONDENT, V AJC
PROPERTIES LLC, DEFENDANT, EVELYN BENCINICH, SUSAN M. DAVIS, STEVEN GATHERS, ANGELINE C. GENOVESE, SANDRA GIRAGE,
LORENZ M. WUSTNER, DEFENDANTS-APPELLANTS. (APPEAL NO. 2.) |
Appellants 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 February 21, 2013, and March 8, 2013, having moved for a stay of all proceedings in Supreme Court pending this Court's determination of this appeal, and for other relief,
Now, upon reading and filing the affirmation of Arthur J. Giacalone, Esq., dated March 22, 2013, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to consolidate the appeals is granted and the appeals from the orders entered February 21, 2013, and March 8, 2013, are
hereby consolidated for the purposes of perfecting and arguing the appeals, and
It is further ORDERED that the motion insofar as it seeks a stay is denied.
Entered: April 12, 2013
Frances E. Cafarell, Clerk