| KENNETH M. SCHLAU, JR. V CITY OF BUFFALO, BUFFALO URBAN RENEWAL AGENCY, WESTERN NEW YORK ARENA, LLC, HSBC ARENA, ADT |
| Motion No: CA 13-01595 |
| Slip Opinion No: 2013 NY Slip Op 87112(U) |
| Decided on September 27, 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 13-01595
DOCKET NO. CA 13-01596
DOCKET NO. CA 13-01597
| KENNETH M. SCHLAU, JR., PLAINTIFF-RESPONDENT, V
CITY OF BUFFALO, BUFFALO URBAN RENEWAL AGENCY, WESTERN NEW YORK ARENA, LLC, HSBC ARENA, ADT SECURITY SERVICES, INC.
(ADT), DEFENDANTS-APPELLANTS, ET AL., DEFENDANTS. (APPEAL NO. 1.) KENNETH M. SCHLAU, JR., PLAINTIFF-RESPONDENT,
V CITY OF BUFFALO, BUFFALO URBAN RENEWAL AGENCY, WESTERN NEW YORK ARENA, LLC, HSBC ARENA, ADT SECURITY
SERVICES, INC. (ADT), DEFENDANTS-APPELLANTS, ET AL., DEFENDANTS. (APPEAL NO. 2.) KENNETH M. SCHLAU, JR., PLAINTIFF-RESPONDENT,
V CITY OF BUFFALO, BUFFALO URBAN RENEWAL AGENCY, WESTERN NEW YORK ARENA, LLC, HSBC ARENA, ADT SECURITY
SERVICES, INC. (ADT), DEFENDANTS-APPELLANTS, ET AL. DEFENDANTS. (APPEAL NO. 3.) |
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 January 10, 2013 (appeal No. 1), January 29, 2013 (appeal No. 2), and July 8, 2013 (appeal No. 3), and having moved for an extension of time to perfect the appeals,
Now, upon reading and filing the affirmation of Zachary G. Schurkman, Esq., dated September 4, 2013, the notice of motion with proof of service thereof, and the affirmation of Debra A. Norton, Esq., dated September 20, 2013, 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 appeal Nos. 1, 2, and 3, are hereby consolidated for the purposes of perfecting and arguing the appeals, and
It is further ORDERED that the motion insofar as it seeks an extension of time to perfect appeal Nos. 1 and 2 is granted, and appellants shall perfect those appeals on or before December 27, 2013, and, in the event of failure to so perfect, those appeals are hereby dismissed without further order, and
It is further ORDERED that the motion insofar as it seeks an extension of time to perfect appeal No. 3 is dismissed as premature (see 22 NYCRR 10003.13 [f]).
Entered: September 27, 2013
Frances E. Cafarell, Clerk