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

DOCKET NOS. CA 07-02389 AND CA 07-02702

JOSEPH GENTILE, PLAINTIFF, V CAROL GENTILE, DEFENDANT. JOSEPH GENTILE, THIRD-PARTY PLAINTIFF-APPELLANT, V JOSEPH L. KILBRIDGE, ESQ., AND PETER J. FIORELLA, JR., ESQ., THIRD-PARTY DEFENDANTS-RESPONDENTS. (APPEAL NO. 1.) —————————————————————— —————————————————————— ——————- JOSEPH GENTILE, PLAINTIFF-RESPONDENT-APPELLANT, V CAROL GENTILE, DEFENDANT-PETITIONER-RESPONDENT. (APPEAL NO. 2.)

Appellant having moved for an extension of time to perfect the appeals taken from orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on

August 24, 2007 and September 24, 2007, to consolidate those appeals with his appeal from an order of the same Court entered January 16, 2008 (Docket No. CA 08-00195), and for a stay of all proceedings to enforce that order,

Now, upon reading and filing the affidavit of Michael W. Rickard, II sworn to

January 25, 2008, the notice of motion with proof of service thereof, the opposing affidavit of Steven R. Sugarman sworn to February 6, 2008, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, granted to the extent that the ordering paragraph of the order of this Court entered December 4, 2007 is hereby amended by deleting the date February 1, 2008 and inserting in its place the date April 1, 2008, and the motion is otherwise denied.

DOCKET NOS. CA 07-02389 AND CA 07-02702PAGE 2

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

Memorandum: Because appellant can obtain an automatic stay of enforcement of the order entered January 16, 2008 (see CPLR 5519 [a] [2]), a discretionary stay is not available pursuant to CPLR 5519 (c) (see Sullivan v Troser Mgt., 30 AD3d 1118 [2006]).

Entered: February 20, 2008

JoAnn M. Wahl, Clerk