ACQUEST WEHRLE, LLC V TOWN OF AMHERST, DR. SATISH MOHAN, DEBORAH BRUCH BUCKI, WILLIAM L. KINDEL, MICHAEL G. MCGUIRE
Motion No: CA 13-00503
Slip Opinion No: 2013 NY Slip Op 85756(U)
Decided on September 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.


September 18, 2013

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

DOCKET NO. CA 13-00503
DOCKET NO. CA 13-01446

ACQUEST WEHRLE, LLC, PLAINTIFF-RESPONDENT,

V

TOWN OF AMHERST, DR. SATISH MOHAN, DEBORAH BRUCH BUCKI,

WILLIAM L. KINDEL, MICHAEL G. MCGUIRE, SHELLY SCHRATZ,

DANIEL J. WARD, MARK A. MANNA, DEFENDANTS-APPELLANTS,

BARRY A. WEINSTEIN AND GUY M. MARLETTE, DEFENDANTS.

(APPEAL NO. 1.)

ACQUEST WEHRLE, LLC, PLAINTIFF-RESPONDENT,

V

TOWN OF AMHERST, DR. SATISH MOHAN, DEBORAH BRUCH BUCKI,

WILLIAM L. KINDEL, MICHAEL G. MCGUIRE, SHELLY SCHRATZ,

DANIEL J. WARD, DEFENDANTS-APPELLANTS, ET AL.,

BARRY A. WEINSTEIN AND GUY M. MARLETTE, DEFENDANTS.

(APPEAL NO. 2.)


Appellant Town of Amherst 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 16, 2012 (appeal No. 1), and March 11, 2013 (appeal No. 2),

Now, upon reading and filing the affidavit of Alan P. McCracken, Esq., sworn to August 16, 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 is granted, and the appeals from the orders entered October 16, 2012, and March 11, 2013, are hereby consolidated for the purposes of perfecting and arguing the appeals.

Entered: September 18, 2013

Frances E. Cafarell, Clerk