PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.

DOCKET NOS. CA 07-00958 AND CA 07-01581

MICHAEL J. CARLSON, SR., INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF CLAUDIA D'AGOSTINO CARLSON, DECEASED, PLAINTIFF-RESPONDENT, V WILLIAM M. PORTER, MVP DELIVERY AND LOGISTICS, INC., AIRBORNE, INC., AIRBORNE, INC. DOING BUSINESS AS AIRBORNE EXPRESS, DHL INTERNATIONAL, LTD., DHL WORLDWIDE EXPRESS, DEFENDANTS-APPELLANTS, ET AL., DEFENDANTS. (APPEAL NO. 2.) MICHAEL J. CARLSON, SR., INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF CLAUDIA D'AGOSTINO CARLSON, DECEASED, PLAINTIFF-RESPONDENT, V WILLIAM M. PORTER, ET AL, DEFENDANTS, MVP DELIVERY AND LOGISTICS, INC., AIRBORNE, INC., AIRBORNE, INC., DOING BUSINESS AS AIRBORNE EXPRESS, DHL INTERNATIONAL, LTD., AND DHL WORLDWIDE EXPRESS, DEFENDANTS-APPELLANTS. (APPEAL NO. 3.)

Appellant MVP Delivery and Logistics, Inc. having moved to consolidate its appeals taken from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Niagara on March 13, 2007 and June 14, 2007,

Now, upon reading and filing the affirmation of Matthew S. Lerner dated

December 21, 2007, the notice of motion with proof of service thereof, the opposing affirmation of Donald P. Chiari sworn to January 4, 2008, and due deliberation having been had thereon,

DOCKET NOS. CA 07-00958 AND CA 07-01581PAGE 2

PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.

It is hereby ORDERED that the motion be, and the same hereby is, granted and appellant's appeals from the order and judgment entered March 13, 2007 and June 14, 2007 are hereby consolidated for the purposes of perfecting and arguing the appeals, on the condition that appellant perfect its appeals on or before January 31, 2008.

Entered: January 8, 2008

JoAnn M. Wahl, Clerk