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

DOCKET NO. CA 16-02309

TIMOTHY C. HEWITT, PLAINTIFF-APPELLANT, V COUNTY OF CHAUTAUQUA, DEFENDANTS-RESPONDENTS, RAYMOND R. WHITACRE, ET AL., DEFENDANTS.

Appellant having moved to consolidate the appeal (denominated as a motion to join the appeal) as to the Whitacre defendants, and for other relief, on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Chautauqua on September 8, 2016, which has been perfected as to the County of Chautauqua only at this time,

Now, upon reading and filing the affidavits of Timothy C. Hewitt sworn to May 10, 2017, the notice of motion with proof of service thereof, and the affidavit of Norman E.S. Greene, Esq., sworn to May 31, 2017, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted to the extent that the appeal is consolidated on the condition that appellant files a supplemental record insofar as the appeal concerns the Whitacre defendants on or before July 10, 2017, and that appellant serves the original record, supplemental record, and briefs on counsel for the Whitacre defendants on or before July 10, 2017, and

It is further ORDERED that if the aforementioned condition is satisfied, a responding brief on behalf of the Whitacre defendants shall be filed and served on or before August 9, 2017, and

It is further ORDERED that reply briefs to the Whitacre defendants' brief, if any, shall be filed and served on before August 24, 2017, and

It is further ORDERED that the motion is otherwise denied.

Entered: June 19, 2017

Frances E. Cafarell, Clerk