KENNETH M. SCHLAU, JR. V CITY OF BUFFALO, BUFFALO URBAN RENEWAL AGENCY, WESTERN NEW YORK ARENA, LLC, HSBC ARENA, ADT

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 93042(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.

December 4, 2013

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
DOCKET NO. CA 13-02027
DOCKET NO. CA 13-02028

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.)
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. 4.)
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. 5.)

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 October 30, 2013 (appeal Nos. 4 and 5), with the consolidated appeals taken 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 statement of Adam Kazansky, Esq., dated November 8, 2013, the affirmation of Jessica Zemsky, Esq., dated November 18, 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 taken from the orders entered January 10, 2013, January 29, 2013, July 8, 2013, and October 30, 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 an extension of time to perfect appeal Nos. 1 and 2 is granted to the extent that the second ordering paragraph of the order of this Court entered September 27, 2013, is hereby amended by deleting the date December 27, 2013, and inserting in its place the date February 25, 2014, and

It is further ORDERED that the motion insofar as it seeks an extension of time to perfect appeal Nos. 3, 4, and 5 is dismissed as premature (see 22 NYCRR 1000.13 [f]).

Entered: December 4, 2013

Frances E. Cafarell, Clerk