Opinion
DOCKET NO. CA 13-01289 DOCKET NO. CA 13-01763
10-24-2013
MARITZA RACHLIN AND DENNIS R. RACHLIN, PLAINTIFFS-RESPONDENTS, v. MICHAELS ARTS & CRAFTS, MICHAELS STORES, INC., AND BOULEVARD MALL EXPANSION, LLC, DEFENDANTS-APPELLANTS. MICHAELS STORES, INC., AND MICHAELS ARTS & CRAFTS, THIRD-PARTY PLAINTIFFS-RESPONDENTS, v. BOULEVARD MALL EXPANSION, LLC, THIRD-PARTY DEFENDANT-APPELLANT. MARITZA RACHLIN AND DENNIS R. RACHLIN, PLAINTIFFS-RESPONDENTS, v. MICHAELS STORES, INC., ET AL., DEFENDANTS. MICHAELS STORES, INC., AND MICHAELS ARTS & CRAFTS, THIRD-PARTY PLAINTIFFS-RESPONDENTS, v. BOULEVARD MALL EXPANSION, LLC, THIRD-PARTY DEFENDANT-APPELLANT.
PRESENT: , P.J., CENTRA, FAHEY, PARADOTT. AND CARNI, JJ.
Third-party defendant-appellant having moved to consolidate the appeal taken herein from an order of Supreme Court entered in the Office of the Clerk of the County of Erie on August 13, 2013, with an appeal taken from an order of said court entered October 12, 2012,
Now, upon reading and filing the affidavit of Brian R. Biggie, Esq., dated October 8, 2013, 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 to the extent that the appeal from the order entered October 12, 2012, is removed from the term of this Court commencing February 24, 2014, and is added to the term of this Court commencing April 7, 2014.
Frances E. Cafarell, Clerk