| DIPIZIO CONSTRUCTION COMPANY, INC., V ERIE CANAL HARBOR DEVELOPMENT CORPORATION, . DIPIZIO CONSTRUCTION COMPANY |
| Motion No: CA 13-02032 |
| Slip Opinion No: 2013 NY Slip Op 93034(U) |
| Decided on December 4, 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., CENTRA., FAHEY, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 13-02032
DOCKET NO. CA 13-02033
DOCKET NO. CA 13-02034
| DIPIZIO CONSTRUCTION COMPANY, INC.,
PLAINTIFF-PETITIONER-RESPONDENT, V ERIE CANAL HARBOR DEVELOPMENT CORPORATION,
DEFENDANT-RESPONDENT-APPELLANT. (APPEAL NO. 1.) DIPIZIO CONSTRUCTION COMPANY, INC.,
PLAINTIFF-PETITIONER-RESPONDENT, V ERIE CANAL HARBOR DEVELOPMENT CORPORATION,
DEFENDANT-RESPONDENT-APPELLANT. (APPEAL NO. 2.) DIPIZIO CONSTRUCTION COMPANY, INC.,
PLAINTIFF-PETITIONER-RESPONDENT, V ERIE CANAL HARBOR DEVELOPMENT CORPORATION,
DEFENDANT-RESPONDENT-APPELLANT. (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 November 1, 2013 (appeal Nos. 1 and 2), and November 4, 2013 (appeal No. 3),
Now, upon reading and filing the affidavit of Michael L. McCabe, Esq., sworn to November 15, 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 November 1, 2013, and November 4, 2013, are hereby consolidated for the purposes of perfecting and arguing the appeals.
Entered: December 4, 2013
Frances E. Cafarell, Clerk