DIPIZIO CONSTRUCTION COMPANY, INC. V ERIE CANAL HARBOR DEVELOPMENT CORPORATION DIPIZIO CONSTRUCTION COMPANY, INC. V
Motion No: CA 14-02236
Slip Opinion No: 2015 NY Slip Op 74309(U)
Decided on May 21, 2015
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.


May 21, 2015

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

DOCKET NO. CA 14-02236
DOCKET NO. CA 14-02237
DOCKET NO. DOCKET NO. CA 15-00742

DIPIZIO CONSTRUCTION COMPANY, INC., PLAINTIFF-APPELLANT,

V

ERIE CANAL HARBOR DEVELOPMENT CORPORATION,

DEFENDANT-RESPONDENT.

(APPEAL NO. 1.)

DIPIZIO CONSTRUCTION COMPANY, INC., PLAINTIFF-APPELLANT,

V

ERIE CANAL HARBOR DEVELOPMENT CORPORATION,

DEFENDANT-RESPONDENT.

(APPEAL NO. 2.)

DIPIZIO CONSTRUCTION COMPANY, INC., PLAINTIFF-APPELLANT,

V

ERIE CANAL HARBOR DEVELOPMENT CORPORATION,

DEFENDANT-RESPONDENT.

(APPEAL NO. 3.)


Appellant having moved to consolidate the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on April 21, 2015 (appeal No. 3), with the appeals taken from the orders entered April 3, 2014 (appeal No. 1), and May 30, 2014 (appeal No. 2),

Now, upon reading and filing the affirmation of Michael E. Ferdman, Esq., dated April 29, 2015, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion to consolidate the appeals is granted, and the appeal from the order entered April 21, 2015, is hereby consolidated with the appeals from the orders entered April 3, 2014, and May 30, 2014, for the purposes of perfecting and arguing the appeals.

Entered: May 21, 2015

Frances E. Cafarell, Clerk