Opinion
DOCKET NO. CA 14-02111 DOCKET NO. CA 14-02112 DOCKET NO. CA 14-02113 DOCKET NO. CA 14-02114
12-15-2014
JOANN ABBO-BRADLEY, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN OF DYLAN J. BRADLEY, TREVOR A. BRADLEY AND CHASE Q. BRADLEY, INFANTS, ZACHARY HERR AND MELANIE HERR, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIANS OF COLETON HERR AND HEATHER HERR, INFANTS, NATHAN E. KORSON, AND ELENA KORSON, INDIVIDUALLYAND AS PARENT AND NATURAL GUARDIAN OF LOGAN J. KORSON, AN INFANT, PLAINTIFFS-APPELLANTS-RESPONDENTS, v. CITY OF NIAGARA FALLS, GLENN SPRINGS HOLDINGS, INC., GROSS PHC LLC, MILLER SPRINGS REMEDIATION MANAGEMENT, INC., OXY, INC. FORMERLY KNOWN AS OCCIDENTAL CHEMICAL CORPORATION, INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO HOOKER CHEMICALS AND PLASTICS CORPORATION, OP-TECH ENVIRONMENTAL SERVICES, DEFENDANTS-RESPONDENTS-APPELLANTS, ROY'S PLUMBING, INC., DEFENDANT-RESPONDENT, SCOTT LAWN YARD, INC., DEFENDANT-RESPONDENT-APPELLANT, ET AL., DEFENDANTS. (APPEAL NO. 1.) JOANN ABBO-BRADLEY, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN OF DYLAN J. BRADLEY, TREVOR A. BRADLEY AND CHASE Q. BRADLEY, INFANTS, ZACHARY HERR AND MELANIE HERR, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIANS OF COLETON HERR AND HEATHER HERR, INFANTS, NATHAN E. KORSON, AND ELENA KORSON, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN OF LOGAN J. KORSON, AN INFANT, PLAINTIFFS-APPELLANTS, v. CITY OF BUFFALO, ET AL., DEFENDANTS, SEVENSON ENVIRONMENTAL SERVICES, INC., DEFENDANT-RESPONDENT. (APPEAL NO. 2.) JOANN ABBO-BRADLEY, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN OF DYLAN J. BRADLEY, TREVOR A. BRADLEY AND CHASE Q. BRADLEY, INFANTS, ZACHARY HERR AND MELANIE HERR, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIANS OF COLETON HERR AND HEATHER HERR, INFANTS, NATHAN E. KORSON, AND ELENA KORSON, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN OF LOGAN J. KORSON, AN INFANT, PLAINTIFFS-APPELLANTS, v. CITY OF NIAGARA FALLS, ET AL., DEFENDANTS, CONESTOGA-ROVERS & ASSOCIATES, DEFENDANT-RESPONDENT. (APPEAL NO. 3.) NATURAL GUARDIAN OF DYLAN J. BRADLEY, TREVOR A. BRADLEY AND CHASE Q. BRADLEY, INFANTS, ZACHARY HERR AND MELANIE HERR, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIANS OF COLETON HERR AND HEATHER HERR, INFANTS, NATHAN E. KORSON, AND ELENA KORSON, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN OF LOGAN J. KORSON, AN INFANT, PLAINTIFFS-APPELLANTS, v. CITY OF NIAGARA FALLS, ET AL., DEFENDANTS, CECOS INTERNATIONAL, INC., DEFENDANT-RESPONDENT. (APPEAL NO. 4.)
PRESENT: , CENTRA, FAHEY, PERADOTTO, AND CARNI, JJ.
Plaintiffs 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 Niagara on August 20, 2014 (appeal No. 1), August 15, 2014 (appeal Nos. 2 and 3), and August 22, 2014 (appeal No. 4),
Now, upon reading and filing the affirmation of William H. Mack, Esq., dated November 25, 2014, 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 orders entered August 15, 2014, August 20, 2014, and August 22, 2014, are hereby consolidated for the purposes of perfecting and arguing the appeals.
Entered: December 15, 2014
Frances E. Cafarell, Clerk