IN THE MATTER OF SYNERGY, LLC AND SYNERGY BIOGAS, LLC V SUSAN KIBLER, ASSESSOR, TOWN OF COVINGTON, TOWN OF COVINGTON
Motion No: CA 14-00173
Slip Opinion No: 2014 NY Slip Op 64160(U)
Decided on February 13, 2014
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.


February 13, 2014

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

DOCKET NO. CA 14-00173
DOCKET NO. CA 14-00175

IN THE MATTER OF SYNERGY, LLC AND SYNERGY BIOGAS, LLC,

PETITIONERS-APPELLANTS,

V

SUSAN KIBLER, ASSESSOR, TOWN OF COVINGTON,

TOWN OF COVINGTON BOARD OF ASSESSMENT REVIEW,

RESPONDENTS-RESPONDENTS, AND WYOMING CENTRAL SCHOOL DISTRICT,

INTERVENOR-RESPONDENT.

(APPEAL NO. 1.)

SYNERGY, LLC, PETITIONER-APPELLANT,

SYNERGY BIOGAS, LLC, PETITIONER-APPELLANT,

V

SUSAN KIBLER, ASSESSOR, TOWN OF COVINGTON,

TOWN OF COVINGTON BOARD OF ASSESSMENT REVIEW,

RESPONDENTS-RESPONDENTS, AND WYOMING CENTRAL SCHOOL DISTRICT,

INTERVENOR-RESPONDENT.

(APPEAL NO. 2.)


Appellant having moved to consolidate the appeals taken herein from a judgment and an order of the Supreme Court entered in the Office of the Clerk of the County of Wyoming on June 24, 2013 (appeal No. 1), and December 23, 2013 (appeal No. 2),

Now, upon reading and filing the affidavit of Karl S. Essler, Esq., sworn to January 21, 2014, 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 judgment and the order entered June 24, 2013, and December 23, 2013, are hereby consolidated for the purposes of perfecting and arguing the appeals.

Entered: February 13, 2014

Frances E. Cafarell, Clerk