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

DOCKET NO. CA 16-02043
DOCKET NO. CA 16-02077

IN THE MATTER OF MARGARET WOOSTER, CLAYTON S. "JAY" BURNEY, JR., LYNDA K. STEPHENS, AND JAMES E. CARR, PETITIONERS-APPELLANTS, V QUEEN CITY LANDING, LLC, CITY OF BUFFALO PLANNING BOARD, AND CITY OF BUFFALO COMMON COUNCIL, RESPONDENTS-RESPONDENTS. IN THE MATTER OF BUFFALO NIAGARA RIVERKEEPERS,INC., PETITIONERS-APPELLANTS, V CITY OF BUFFALO AND QUEEN CITY LANDING, LLC, RESPONDENTS-RESPONDENTS. (APPEAL NO. 1.) MARGARET WOOSTER, CLAYTON S. "JAY" BURNEY, JR., LYNDA K. STEPHENS, JAMES E. CARR, PETITIONERS-APPELLANTS, V QUEEN CITY LANDING, LLC, CITY OF BUFFALO PLANNING BOARD, CITY OF BUFFALO COMMON COUNCIL, RESPONDENTS-RESPONDENTS. (APPEAL NO. 2.)

Appellants, upon the return of an order to show cause granted by the Honorable Erin M. Peradotto on November 4, 2016, pursuant to CPLR 5518 and 6301, for a preliminary injunction, and to consolidate the appeals taken herein from orders and judgments of the Supreme Court, entered in the Office of the Clerk of the County of Erie on October 11, 2016, and November 9, 2016, and City of Buffalo, City of Buffalo Planning Board and City of Buffalo Common Council cross-move to consolidate the appeals and to expedite the appeals,

Now, upon reading and filing the affirmations of Arthur J. Giacalone, Esq., dated November 2, 2016, and November 17, 2016, the affidavit of David C. Sanford, Esq., sworn to November 4, 2016, the affidavit and affirmation of Jessica M. Lazarin, Esq., sworn to November 14, 2016, and dated November 14, 2016, the notices of motion and cross motion with proof of service thereof, the affirmations of Elizabeth A. Kraengel, Esq., dated November 14, 2016, and November 15, 2016, and the affidavit of Gerald A. Buchheit, Jr. sworn to November 14, 2016, and due deliberation having been had thereon,

It is hereby ORDERED that the motion and cross-motion insofar as they seek to consolidate the appeals is granted, and the appeals from the orders and judgments entered October 11, 2016, and November 9, 2016, are hereby consolidated for the purposes of perfecting and arguing the appeals, and

It is further ORDERED that appellants' motion insofar is it seeks a preliminary injunction is denied, and

It is further ORDERED that the cross motion insofar as it seeks to expedite the appeals is granted on the condition that if the appeals are perfected on or before January 4, 2017, the appeals are added to the term of this Court commencing April 3, 2017, and

It is further ORDERED that respondents' briefs shall be filed and served on or before February 3, 2017, and

It is further ORDERED that reply briefs, if any, shall be filed and serve on or before February 21, 2017.

Entered: November 30, 2016

Frances E. Cafarell, Clerk