PRESENT: SCUDDER, P.J., LINDLEY, SCONIERS, VALENTINO, AND DEJOSEPH, JJ.

DOCKET NO. CA 15-01180
DOCKET NO. CA 15-01181

RESCUE MISSION OF UTICA, INC., PETITIONER-RESPONDENT, V CITY OF UTICA, ZONING BOARD OF APPEALS OF CITY OF UTICA, JOSEPH PRIORE, CHAIRPERSON, DEFENDANTS-RESPONDENTS, AND MICHAEL S. RIZZO, DEFENDANT-APPELLANT. (APPEAL NO. 1.) MICHAEL S. RIZZO, PLAINTIFF-APPELLANT, V RESCUE MISSION OF THE CITY OF UTICA, INC., CITY OF UTICA, DAVID ROEFARO, AS MAYOR OF CITY OF UTICA AND AS ACTING COMMISSIONER OF CODES AND JOHN GILBRIDE, AS CHIEF BUILDING INSPECTOR FOR THE CITY OF UTICA ZONING BOARD OF APPEALS, DEFENDANTS-RESPONDENTS. (APPEAL NO. 2.)

Appellant having moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Oneida on March 17, 2014 (appeal No. 1), and having moved to consolidate appeal No. 1 with an appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Oneida on January 26, 2015 (appeal No. 2),

Now, upon reading and filing the affidavit of Michael S. Rizzo sworn to June 9, 2015, the affirmation of Peter J. DiGiorgio, Jr., Esq., dated July 10, 2015, the notice of motion with proof of service thereof, the affidavit of William M. Borrill, Esq., sworn to July 10, 2015, and the affirmation of William P. Schmitt, Esq., dated July 13, 2015, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seek to vacate dismissal of appeal No. 1 is granted, on the condition that appellant perfects the appeal on or before October 19, 2015, and

It is further ORDERED that the motion insofar as it seeks to consolidate the appeals is granted, and the appeals from the orders entered March 17, 2014, and January 26, 2015, are hereby consolidated for the purposes of perfecting and arguing the appeals.

Entered: August 20, 2015

Frances E. Cafarell, Clerk