Opinion
DOCKET NO. CA 13-00979 DOCKET NO. CA 13-00980 DOCKET NO. CA 13-00981
07-18-2013
ADAM VILLAR, PLAINTIFF-APPELLANT, v. TIMOTHY B. HOWARD, ERIE COUNTY SHERIFF, DEFENDANT-RESPONDENT. (APPEAL NO. 1.) ADAM VILLAR, PLAINTIFF-APPELLANT, v. TIMOTHY B. HOWARD, ERIE COUNTY SHERIFF, DEFENDANT-RESPONDENT. (APPEAL NO. 2.) ADAM VILLAR, PLAINTIFF-APPELLANT, v. TIMOTHY B. HOWARD, ERIE COUNTY SHERIFF, DEFENDANT-RESPONDENT. (APPEAL NO. 3.)
PRESENT: , J.P., CENTRA, FAHEY, CARNI, AND VALENTINO, JJ.
Appellant 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 Erie on April 3, 2013 (appeal Nos. 1 and 2), and May 21, 2013 (appeal No. 3), and
Respondent having cross-moved to dismiss the appeals from the orders entered April 3, 2013, and May 21, 2013, as improperly taken and having cross-moved for other relief,
Now, upon reading and filing the affidavits of John T. Loss, Esq., sworn to May 31, 2013, and June 14, 2013, the affidavit of Kenneth R. Kirby, Esq., sworn to June 12, 2013, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to consolidate the appeals is granted, and the appeals from the orders entered April 3, 2013, and May 21, 2013, are hereby consolidated for the purposes of perfecting and arguing the appeals, and
It is further ORDERED that the cross motion is denied without prejudice to respondent raising in his brief the grounds for dismissal raised in his cross motion.
Frances E. Cafarell, Clerk