RIVERVIEW DEVELOPMENT LLC V CITY OF OSWEGO, THE COMMON COUNCIL OF THE CITY OF OSWEGO, HONORABLE THOMAS W. GILLEN, AS
Motion No: CA 13-01998
Slip Opinion No: 2014 NY Slip Op 69655(U)
Decided on April 16, 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.


April 16, 2014

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

DOCKET NO. CA 13-01998
DOCKET NO. CA 14-00551

RIVERVIEW DEVELOPMENT LLC, PLAINTIFF-APPELLANT,

V

CITY OF OSWEGO, THE COMMON COUNCIL OF THE CITY OF OSWEGO,

HONORABLE THOMAS W. GILLEN, AS MAYOR OF CITY OF OSWEGO, AND

SRE-MIDTOWN GARAGE ACQUISITIONS, LLC,

DEFENDANTS-RESPONDENTS.

(APPEAL NO. 1.)

GEO HOTEL CO., INC., ALSO KNOWN AS GEO HOTEL, INC., ALSO KNOWN AS

GEO HOTEL CORP., AND CANALVIEW DEVELOPMENT, PLAINTIFFS-APPELLANTS,

V

CITY OF OSWEGO, COMMON COUNCIL OF CITY OF OSWEGO, HONORABLE

THOMAS W. GILLEN, AS MAYOR OF CITY OF OSWEGO, AND SRE MIDTOWN

ACQUISITIONS, LLC, ALSO KNOWN AS SRE MIDTOWN GARAGE ACQUISITIONS,

LLC, DEFENDANTS-RESPONDENTS.

(APPEAL NO. 2.)


Appellant in appeal No. 1 having moved to consolidate the appeals taken herein from order and judgments of the Supreme Court entered in the Office of the Clerk of the County of Oswego on August 12, 2013, and March 11, 2014, and for other relief,

Now, upon reading and filing the affidavit of Kimberly A. Steele, Esq., sworn to March 24, 2014, the notice of motion with proof of service thereof, and the affidavit of Douglas M. McRae, Esq., sworn to April 10, 2014, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted insofar as it seeks to consolidate the appeals, and the appeals from the order and judgments entered August 12, 2013, and March 11, 2014, are hereby consolidated for the purposes of perfecting and arguing the appeals, and

It is further ORDERED that the motion is otherwise denied.

Entered: April 16, 2014

Frances E. Cafarell, Clerk