PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

DOCKET NO. CA 16-00081
DOCKET NO. CA 16-00243

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

Appellants having moved to consolidate the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Monroe on January 12, 2015, and December 18, 2015,

Now, upon reading and filing the affirmation of Phyliss A. Hafner, Esq., dated February 10, 2016, 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 from the orders entered January 12, 2015, and December 18, 2015, are hereby consolidated for the purposes of perfecting and arguing the appeals.

Entered: March 3, 2016

Frances E. Cafarell, Clerk