| ACQUEST WEHRLE, LLC V TOWN OF AMHERST ACQUEST WEHRLE, LLC V TOWN OF AMHERST (APPEAL NO. 2.) |
| Motion No: CA 14-00117 |
| Slip Opinion No: 2014 NY Slip Op 83850(U) |
| Decided on September 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. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 14-00117
DOCKET NO. CA 14-01436
| ACQUEST WEHRLE, LLC, PLAINTIFF-RESPONDENT, V
TOWN OF AMHERST, DEFENDANT-APPELLANT. (APPEAL NO. 1.) ACQUEST WEHRLE, LLC, PLAINTIFF-RESPONDENT, V TOWN OF
AMHERST, DEFENDANT-APPELLANT. (APPEAL NO. 2.) |
Appellant having moved to consolidate the appeals taken herein from an order and judgment and an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on December 10, 2013 (appeal No. 1), and November 26, 2013 (appeal No. 2),
Now, upon reading and filing the affidavit of Alan P. McCracken, Esq., sworn to August 7, 2014, the notice of motion with proof of service thereof, and the affirmation of Matthew D. Miller, Esq., dated August 13, 2014, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and the appeals from the order and judgment and the order entered December 10, 2013, and November 26, 2013, are hereby consolidated for the purposes of perfecting and arguing the appeals.
Entered: September 16, 2014
Frances E. Cafarell, Clerk