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

DOCKET NO. CA 13-00503
DOCKET NO. CA 13-01446
DOCKET NO. CA 14-00071

ACQUEST WEHRLE, LLC, PLAINTIFF-RESPONDENT, V TOWN OF AMHERST, DR. SATISH MOHAN, DEBORAH BRUCH BUCKI, WILLIAM L. KINDEL, MICHAEL G. MCGUIRE, SHELLY SCHRATZ AND DANIEL J. WARD, DEFENDANTS-APPELLANTS, MARK A. MANNA, ET AL., 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 AND DANIEL J. WARD, DEFENDANTS-APPELLANTS, MARK A. MANNA, ET AL., DEFENDANTS. (APPEAL NO. 2.) ACQUEST WEHRLE, LLC, PLAINTIFF-RESPONDENT, V TOWN OF AMHERST, DEFENDANT-APPELLANT. (APPEAL NO. 3.)

Respondent having moved to dismiss 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, March 11, 2013, and October 1, 2013, on the ground that the right to appeal from those intermediate orders terminated with the entry of the order and final judgment entered December 10, 2013, and having moved for other relief,

Now, upon reading and filing the affirmation of Matthew D. Miller, Esq., dated January 10, 2014, the notice of motion with proof of service thereof, and the affidavit of Alan P. McCracken, Esq., sworn to January 16, 2014, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted and appeal Nos. 1, 2 and 3 are dismissed without prejudice to appellants raising the issues raised in those appeals when appellants perfect their appeal from the order and final judgment entered December 10, 2013 (see CPLR 5501 [a] [1]; Matter of Scott v Manilla, 203 AD2d 972).

Entered: January 30, 2014

Frances E. Cafarell, Clerk