Opinion
DOCKET NO. CA 14-00590
04-22-2014
MANUFACTURERS AND TRADERS TRUST COMPANY, PLAINTIFF-RESPONDENT-APPELLANT, v. NIAGARA FALLS MALL, INC., DEFENDANT-APPELLANT-RESPONDENT.
PRESENT: , P. J., CENTRA, FAHEY, PERADOTTO, AND CARNI, JJ.
Plaintiff having moved to consolidate the appeal and cross taken herein from an amended order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Erie on January 15, 2014, and for other relief,
Now, upon reading and filing the affirmation of Charles C. Swanekamp, Esq., received April 9, 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 are consolidated for briefing and argument, and
It is further ORDERED that plaintiff shall file and serve a brief on the appeal and cross appeal on or before June 2, 2014, and, in the event of failure to so file and serve, the cross appeal is dismissed without further order, and
It is further ORDERED that defendant shall file and serve a reply brief on or before June 17, 2014, and
It is further ORDERED that plaintiff shall file and serve a surreply brief on or before July 2, 2014.
Frances E. Cafarell, Clerk