| ADAM VILLAR V COUNTY OF ERIE ADAM VILLAR V COUNTY OF ERIE (APPEAL NO. 2.) ADAM VILLAR V COUNTY OF ERIE (APPEAL NO. 3.) |
| Motion No: CA 13-00976 |
| Slip Opinion No: 2013 NY Slip Op 80008(U) |
| Decided on July 18, 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: SMITH, J.P., CENTRA, FAHEY, CARNI, AND VALENTINO, JJ.
DOCKET NO. CA 13-00976
DOCKET NO. CA 13-00977
DOCKET NO. CA 13-00978
| ADAM VILLAR, PLAINTIFF-APPELLANT, V COUNTY OF
ERIE, DEFENDANT-RESPONDENT. (APPEAL NO. 1.) ADAM VILLAR, PLAINTIFF-APPELLANT, V COUNTY OF ERIE,
DEFENDANT-RESPONDENT. (APPEAL NO. 2.) ADAM VILLAR, PLAINTIFF-APPELLANT, V COUNTY OF ERIE,
DEFENDANT-RESPONDENT. (APPEAL NO. 3.) |
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 April 3, 2013 (appeal Nos. 1 and 2), and May 21, 2013 (appeal No. 3), and
Respondent having cross-moved to dismiss the appeals from the orders entered April 3, 2013, and May 21, 2013, as improperly taken and having cross-moved for other relief,
Now, upon reading and filing the affidavits of John T. Loss, Esq., sworn to May 31, 2013, and June 14, 2013, the affidavit of Kenneth R. Kirby, Esq., sworn to June 12, 2013, and the notices of motion and cross 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 April 3, 2013, and May 21, 2013, are hereby consolidated for the purposes of perfecting and arguing the appeals, and
It is further ORDERED that the cross motion is denied without prejudice to respondent raising in its brief the grounds for dismissal raised in its cross motion.
Entered: July 18, 2013
Frances E. Cafarell, Clerk