| MANUFACTURERS AND TRADERS TRUST COMPANY, V NIAGARA FALLS MALL, INC., . |
| Motion No: CA 14-00590 |
| Slip Opinion No: 2014 NY Slip Op 70161(U) |
| Decided on April 22, 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. |
PRESENT: SCUDDER, P. J., CENTRA, FAHEY, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 14-00590
| MANUFACTURERS AND TRADERS TRUST COMPANY,
PLAINTIFF-RESPONDENT-APPELLANT, V NIAGARA FALLS MALL, INC.,
DEFENDANT-APPELLANT-RESPONDENT. |
Plaintiff having moved to consolidate the appeal and cross taken herein from an amended order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on January 15, 2014, and for other relief,
Now, upon reading and filing the affirmation of Charles C. Swanekamp, Esq., received April 9, 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 are consolidated for briefing and argument, and
It is further ORDERED that plaintiff shall file and serve a brief on the appeal and cross appeal on or before June 2, 2014, and, in the event of failure to so file and serve, the cross appeal is dismissed without further order, and
It is further ORDERED that defendant shall file and serve a reply brief on or before June 17, 2014, and
It is further ORDERED that plaintiff shall file and serve a surreply brief on or before July 2, 2014.
Entered: April 22, 2014
Frances E. Cafarell, Clerk