PRESENT: CENTRA, J.P., CARNI, NEMOYER, CURRAN, AND TROUTMAN, JJ.

DOCKET NO. CA 15-01920
DOCKET NO. CA 16-01739

TIME CAP DEVELOPMENT CORP., PLAINTIFF-RESPONDENT, V COLONY INSURANCE COMPANY, DEFENDANT-APPELLANT, ET AL., DEFENDANT. COLONY INSURANCE COMPANY, THIRD-PARTY PLAINTIFF-APPELLANT, V CINCINNATI INSURANCE COMPANY, THIRD-PARTY DEFENDANT-RESPONDENT. (APPEAL NO. 1.) TIME CAP DEVELOPMENT CORP., PLAINTIFF-RESPONDENT, V COLONY INSURANCE COMPANY, DEFENDANT-APPELLANT-RESPONDENT, ET AL., DEFENDANT. ——————————————————————& mdash;- COLONY INSURANCE COMPANY, THIRD-PARTY PLAINTIFF-APPELLANT-RESPONDENT, V CINCINNATI INSURANCE COMPANY, THIRD-PARTY DEFENDANT-RESPONDENT-APPELLANT. (APPEAL NO. 2.)

Colony Insurance Company 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 Onondaga on July 23, 2015 (appeal No. 1), and September 9, 2016 (appeal No. 2), and to adjourn appeal No. 1 so that the appeals may be argued together,

Now, upon reading and filing the affirmation of S. Dwight Stephens, Esq., dated September 29, 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 insofar as it seeks to consolidate the appeals is denied, and

It is further ORDERED that appeal No. 1 is removed from the Court's day calendar for December 1, 2016, and appeal No. 2 is removed from the term of this Court commencing April 3, 2017, and both appeals are added to the term of this Court commencing February 27, 2017, to be heard together.

Entered: October 19, 2016

Frances E. Cafarell, Clerk