JEFFERY BURNS V LECESSE CONSTRUCTION SERVICES LLC, DUKES PROPERTY DEVELOPMENT, LLC, THE MILLS HIGH FALLS HOUSING

JEFFERY BURNS V LECESSE CONSTRUCTION SERVICES LLC, DUKES PROPERTY DEVELOPMENT, LLC, THE MILLS HIGH FALLS HOUSING

Motion No: CA 14-01125

Slip Opinion No: 2014 NY Slip Op 78073(U)

Decided on July 14, 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.

July 14, 2014

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

DOCKET NO. CA 14-01125
DOCKET NO. CA 14-01126

JEFFERY BURNS, PLAINTIFF-RESPONDENT,
V
LECESSE CONSTRUCTION SERVICES LLC, DUKES PROPERTY
DEVELOPMENT, LLC, THE MILLS HIGH FALLS HOUSING
DEVELOPMENT FUND COMPANY, INC., U.S. CEILING CORP.,
URBAN LEAGUE OF ROCHESTER, NY, INC., DEFENDANTS-APPELLANTS,
PRO CARPET, INC., DEFENDANT.
PRO CARPET, INC., DEFENDANT THIRD-PARTY
PLAINTIFF-APPELLANT,
V
JEFFREY W. BURNS DOING BUSINESS AS BURNS FLOORING,
THIRD-PARTY DEFENDANT-RESPONDENT.
LECESSE CONSTRUCTION SERVICES LLC, THE MILLS HIGH FALLS
HOUSING DEVELOPMENT FUND COMPANY, INC., URBAN LEAGUE OF
ROCHESTER, NY, INC., DEFENDANTS THIRD-PARTY
PLAINTIFFS-APPELLANTS,
V
JEFFREY W. BURNS DOING BUSINESS AS BURNS FLOORING,
THIRD-PARTY DEFENDANT-RESPONDENT.
(APPEAL NO. 1.)
JEFFERY BURNS, PLAINTIFF-RESPONDENT,
V
LECESSE CONSTRUCTION SERVICES LLC, DUKES PROPERTY
DEVELOPMENT, LLC, THE MILLS HIGH FALLS HOUSING
DEVELOPMENT FUND COMPANY, INC., URBAN LEAGUE OF
ROCHESTER, NY, INC., DEFENDANTS-APPELLANTS,
ET AL., DEFENDANTS.
PRO CARPET, INC., DEFENDANT THIRD-PARTY PLAINTIFF,
V
JEFFREY W. BURNS DOING BUSINESS AS BURNS FLOORING,
THIRD-PARTY DEFENDANT.
LECESSE CONSTRUCTION SERVICES LLC, THE MILLS HIGH FALLS
HOUSING DEVELOPMENT FUND COMPANY, INC., URBAN LEAGUE OF
ROCHESTER, NY, INC., DEFENDANTS THIRD-PARTY PLAINTIFFS-APPELLANTS,
V
JEFFREY W. BURNS DOING BUSINESS AS BURNS FLOORING,
THIRD-PARTY DEFENDANT-RESPONDENT.
(APPEAL NO. 2.)

Appellant Dukes Property Development, LLC having moved to consolidate and expedite the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Monroe on April 7, 2014, and May 30, 2014,

Now, upon reading and filing the affidavit of Matthew A. Lenhard, Esq., sworn to June 17, 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 insofar as it seeks to consolidate the appeals is granted, and the appeals from the orders entered April 4, 2014, and May 30, 2014, are hereby consolidated for the purposes of perfecting and arguing the appeals, and

It is further ORDERED that the motion insofar as it seeks to expedite the appeals is dismissed as premature (see 22 NYCRR 1000.10 [d]).

Entered: July 14, 2014

Frances E. Cafarell, Clerk