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

DOCKET NO. CA 17-00175
DOCKET NO. CA 17-00176

CITY OF BUFFALO CITY SCHOOL DISTRICT, PLAINTIFF-APPELLANT, V LPCIMINELLI, INC., DEFENDANT-RESPONDENT. (ACTION NO. 1.) LPCIMINELLI, INC., PLAINTIFF-RESPONDENT, V CITY OF BUFFALO JOINT SCHOOLS CONSTRUCTION BOARD, AND CITY OF BUFFALO CITY SCHOOL DISTRICT, DEFENDANTS-APPELLANTS. (ACTION NO. 2.) (APPEAL NO. 1.) CITY OF BUFFALO CITY SCHOOL DISTRICT, PLAINTIFF-APPELLANT, V LPCIMINELLI, INC., DEFENDANT-RESPONDENT. (ACTION NO. 1.) LPCIMINELLI, INC., PLAINTIFF-RESPONDENT, V CITY OF BUFFALO JOINT SCHOOLS CONSTRUCTION BOARD, AND CITY OF BUFFALO CITY SCHOOL DISTRICT, DEFENDANTS-APPELLANTS. (ACTION NO. 2.) (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 Erie on September 9, 2016 (appeal No. 1), and December 8, 2016 (appeal No. 2), and for other relief,

Now, upon reading and filing the affirmation of Daniel J. Altieri, Esq., dated January 20, 2017, 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 granted, and the appeals from the orders entered September 9, 2016, and December 19, 2016, are hereby consolidated for the purposes of perfecting and arguing the appeals, and

It is further ORDERED that the motion insofar as it seeks an extension of time to perfect the appeals is dismissed as premature (see 22 NYCRR 1000.13 [f]).

Entered: February 6, 2017

Frances E. Cafarell, Clerk