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

DOCKET NOS. CA 08-00511 AND CA 08-00572
DOCKET NOS. CA 08-00511 AND CA 08-00572PAGE 2

MARIO L. AND SHARON L., INDIVIDUALLY AND AS NATURAL PARENTS AND GUARDIANS OF M.L., AN INFANT OVER THE AGE OF FOURTEEN (14) YEARS, PLAINTIFFS-APPELLANTS, V JOSEPH C., ET AL., DEFENDANTS, WAL-MART STORES, INC., AND WAL-MART REAL ESTATE BUSINESS TRUST, DEFENDANTS-RESPONDENTS. (APPEAL NO. 1.) MARIO L. AND SHARON L., INDIVIDUALLY AND AS NATURAL PARENTS AND GUARDIANS OF M. L., AN INFANT OVER THE AGE OF FOURTEEN (14) YEARS, PLAINTIFFS-APPELLANTS, V JOSEPH C., ET AL., DEFENDANTS, HERKIMER COUNTY INDUSTRIAL DEVELOPMENT AGENCY AND WIDEWATERS HERKIMER COMPANY, LLC, DEFENDANTS-RESPONDENTS. (APPEAL NO. 2.) Respondents having moved to dismiss the appeals taken from orders of the Supreme Court entered in the Office of the Clerk of the County of Herkimer on August 16, 2007 and August 20, 2007 on the ground that appellants have failed to perfect timely the appeals, and appellants having cross-moved to consolidate the appeals, Now, upon reading and filing the affidavit of Michael P. Cavanagh sworn to March 3, 2008, the affidavit of Maureen G. Fatcheric sworn to March 12, 2008, the notices of motion with proof of service thereof, the opposing affirmation of Stephanie A. Palmer sworn to March 13, 2008, the notice of cross motion with proof of service thereof, and due deliberation having been had thereon, It is hereby ORDERED that the motions be, and the same hereby are, granted and the appeals are dismissed without further order unless the appeals are perfected on or before May 23, 2008, and PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.

It is further ORDERED that the cross motion be, and the same hereby is, granted and the appeals from the orders entered August 16, 2007 and August 20, 2007 are hereby consolidated for the purposes of perfecting and arguing the appeals.

Entered: March 24, 2008

JoAnn M. Wahl, Clerk