EPK PROPERTIES, LLC V PFOHL BROTHERS LANDFILL SITE STEERING COMMITTEE, NIAGARA MOHAWK POWER CORPORATION, AND TOWN OF
Motion No: CA 17-01457
Slip Opinion No: 2017 NY Slip Op 84604(U)
Decided on August 29, 2017
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.


August 29, 2017

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

DOCKET NO. CA 17-01457

EPK PROPERTIES, LLC, PLAINTIFF-APPELLANT,

V

PFOHL BROTHERS LANDFILL SITE STEERING COMMITTEE,

NIAGARA MOHAWK POWER CORPORATION, AND TOWN OF CHEEKTOWAGA,

DEFENDANTS-RESPONDENTS.


Appellant having moved to consolidate the appeals taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on November 9, 2016,

Now, upon reading and filing the affirmations of Robert E. Knoer, Esq., dated August 15, 2017, and August 25, 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 is granted, and the appeals from the order entered November 9, 2016, are hereby consolidated for the purposes of perfecting and arguing the appeals.

Entered: August 29, 2017

Frances E. Cafarell, Clerk