ISKALO 5000 MAIN LLC AND ISKALO 5010 MAIN LLC V TOWN OF AMHERST INDUSTRIAL DEVELOPMENT AGENCY
Motion No: CA 16-01337
Slip Opinion No: 2016 NY Slip Op 85043(U)
Decided on September 2, 2016
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.


September 2, 2016

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

DOCKET NO. CA 16-01337
DOCKET NO. CA 16-01425

ISKALO 5000 MAIN LLC AND ISKALO 5010 MAIN LLC,

PETITIONERS-RESPONDENTS,

V

TOWN OF AMHERST INDUSTRIAL DEVELOPMENT AGENCY,

RESPONDENT-APPELLANT.



COUNTY OF ERIE, INTERVENOR-RESPONDENT.

(APPEAL NO. 1.)

ISKALO 5000 MAIN LLC AND ISKALO 5010 MAIN LLC,

PETITIONERS-RESPONDENTS,

V

TOWN OF AMHERST INDUSTRIAL DEVELOPMENT AGENCY,

RESPONDENT-APPELLANT.

——————————————————————& mdash;-

COUNTY OF ERIE, INTERVENOR-RESPONDENT.

(APPEAL NO. 2.)


Appellant 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 Erie on June 30, 2016 (appeal No. 1), and July 29, 2016 (appeal No. 2),

Now, upon reading and filing the affirmation of Amber E. Storr, Esq., dated August 18, 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 June 30, 2016, and July 29, 2016, are hereby consolidated for the purposes of perfecting and arguing the appeals.

Entered: September 2, 2016

Frances E. Cafarell, Clerk